Guidelines for midwives who are involved in a medical negligence case

Independent midwives can position themselves within collaborative teams, sharing their experiences after an adverse incident occurs. These teams are necessary for reflection after a medico legal incident has occurred in the institution.

Independent midwives can position themselves within collaborative teams, sharing their experiences after an adverse incident occurs.  These teams are necessary for reflection after a medico legal incident has occurred in the institution. 

  1. Reflection of the events and debriefing will provide a safe evaluation of one’s practice. 
  2. It allows one to revisit the event without the stress of the moment and replicate actions thus enabling identification of strengths, weaknesses and potential opportunities for improvement should a similar incident recur.  
  3. The reflection must be debriefed using the ethical and legal framework to reinforce the nurse’s actions and decisions in context. 
  4. A comprehensive, purposive and systematic review of these cases can aid in identifying the causes of the nursing malpractice, morbidity or deaths.

Private midwives should attend disciplinary hearings and formal court proceedings relevant to the nursing profession. 

  1. This will allow for the private midwife to learn from mistakes, actions or inactions of other nurses. 
  2. Exposure to this will empower the nurse and give insight on the seriousness of protecting one’s professional registration. 
  3. This could help them in identifying crucial issues, and institute preventative measures.

Private midwives should negotiate with expert midwifery consultants or legal advisors to advise them on medical negligence matters, especially when the lines between obstetric and midwifery care are blurred; or when ethical and legal issues arise.

  1. Regular analysis of the maternity case records, documentation and discussions of maternal and neonatal outcomes will result in identifying shortcomings in delivery of care and potentially encourage safer practice. 
  1. Legal experts should be approached to discuss at regular intervals, aspects of medical negligence knowledge which may potentially obviate a medico legal incident. 
Dr Diana du Plessis

Dr Diana du Plessis

Diana du Plessis is an independent Midwifery consultant and researcher. She specializes in midwifery and neonatology and lectures widely to nursing professionals and academic audiences on a national and international level. She is a passionate childbirth educator and national spokesperson on breastfeeding. She is the author and co-author of various nursing and midwifery publications (books and peer-reviewed articles).