
When any of us embark on a career in the health professions, we do not expect to spend time in a courtroom, facing claims of negligence and forced to defend the care we have provided. . . .
In every maternity care practice, best care should be a primary focus. Stemming from this, the other essential goal is to avoid the unthinkable; that your clinical decisions are implicated in permanent harm to a mother or her infant.
Basic medical-legal knowledge is essential for safe practice. Recognizing legal risks in vulnerable care settings, and in routine practice situations, can assure the most responsible care choices for your patients.
Recent Articles
Aside from the field of Obstetrics, no other specialty in medicine or nursing must attend to two patients at once; one or more contained within the body of the other.
In the midst of a profusion of shoulder dystocia papers and publications, there is a notable absence of discussions regarding what is arguably the most effective, and least damaging, maneuver to relieve shoulder dystocia.
HIPAA
When viewing this article, you may have the urge to skip it altogether and I can relate to your motivation. Anyone who has practiced or been employed in healthcare since 2003, has been thoroughly indoctrinated in HIPAA and what it represents. Either as a patient, or as a provider, HIPAA blurs our vision with its complex, legislative demands and potential penalties if we falter. Without delving too deeply into its complexities or inducing catatonia, the basics of HIPAA do deserve review in order to remind us all of the importance of this legislation and its relevance to midwifery practice.
A couple whose baby was taken away by the state after they chose to have their midwife treat the child for jaundice instead of taking it to the hospital filed a lawsuit against the Texas Department of Family and Protective Services.
Variations are appreciated and expected when encountering competing research findings. Women will always labor outside of research expectations, despite best practices and the predictions of labor models.
In the midst of enthusiasm and medical society endorsements for the data of Jun Zhang et al, the Friedman data do remain scientifically viable and legal for triage evaluation purposes. Admitting a patient at 4 cm is very unlikely to expose a triage midwife to an EMTALA violation, or even a civil claim for negligence, as long as a proper screening or labor evaluation is performed and documented.
In June of 2024, hearings concluded in a lawsuit against a 2019 law that established strict guidelines for midwifery care in Hawai’i. The suit challenged restrictions placed on the type of licensure midwives in Hawai’i needed in order to practice.
In American criminal law, Double Jeopardy protects a defendant from being punished twice for the same offense.1 In civil law, which governs malpractice in healthccare, defendant midwives can be punished twice for the same offense. Although the criminal version of Double Jeopardy does not apply in civil cases, the term is defined as “a risk or disadvantage incurred from two sources”