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Legal

Determining the best interests of the critically ill neonate

It is regrettable that some neonates are born with life-threatening conditions or become seriously ill shortly after birth In the majority of cases, the neonate's parents make decisions about their...

The crime of wilful neglect now protects all women

The Government has put into law a recommendation of the National Advisory Group on the Safety of Patients in England (2013) that called for a new statutory criminal offence of wilful neglect covering...

Being sued for being rude

Reports of substandard care within the NHS are, sadly, part of our modern narrative. The Kirkup report into serious maternity care failings at the hospital in Morecambe Bay found that the unit was...

Consent key to the use of stored gametes after the donor's death

A woman has failed in her bid to use her deceased daughter's frozen eggs to give birth to her own grandchild In R (on the application of IM) v Human Fertilisation and Embryology Authority [2015], the...

Informing clients of risk: Immediate implications of a landmark supreme court decision

On 11 March 2015, the Supreme Court handed down its decision in Montgomery v Lanarkshire Health Board (2015) UKSC 11, a case involving the failure of an obstetrician to warn a pregnant woman with...

Standard of handwriting is part of a midwife's duty of care

The Government is rolling out technology to implement a unified system of electronic record-keeping and prescribing as part of its response to the Francis Report (2013) The system is a key component...

Landmark case on negligence and consent

Is it negligent not to warn pregnant women of possible clinical risks? This question is at the heart of a recent court case, which has significant implications for practitioners, as it lends legal...

Dealing with incidents of feticide and infanticide in England and Wales

An American woman was recently sentenced to 20 years imprisonment by a court in Indiana for neglect of a dependent and feticide (Valenti, 2015) The 33-year-old woman attended an emergency department...

Midwives' duty of candour

A key recommendation of the Francis report (2013) arising from the Mid Staffordshire NHS Foundation Trust Inquiry was to establish a culture of openness in all health services, including midwifery,...

Landmark FGM case: Doctors found not guilty

A landmark criminal case in London in which two doctors were prosecuted for performing and abetting female genital mutilation (FGM) has resulted in the speedy acquittal of both Dr Dharmasena was...

Pushchairs can occupy wheelchair spaces on buses

The Court of Appeal has recently issued its judgment in Paulley v First Group PLC [2014] where a bus company was ordered to pay compensation to a wheelchair user who was unable to board a bus because...

Reducing injuries from health care sharps

Sharps incidents are one of the most common causes of injury to midwives They are of particular concern as they carry a serious risk of harm through the transmission of blood-borne infection (NHS...

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