Foetal rights and maternal
responsibilities, what it means to be regulated: meeting registration
standards, Accessing and Refusing treatment during pregnancy – whose
Professional Indemnity Insurance Parenting rights, Appearing in the Coroners Court, Case Studies and much, much more...
Potential risks manifest in all areas of
health care, including obstetrics and within midwifery practice. Do you
have informed knowledge about the modern legal and professional aspects
of midwifery? Attend this seminar to gain a comprehensive update on the
following topics. It includes:
Laws relating to midwifery, including documentation and duty of care
Modern midwifery legal considerations – prescribing, Medicare, and professional indemnity insurance
The legal status of an unborn child
A woman’s right to refuse treatment
The rights of fathers and grandfathers
How social media can be used safely
Your role in providing evidence
Attend this seminar and gain an
opportunity to discuss a range of contemporary legal, professional, and
regulatory issues of relevance to midwives. Don’t miss out!
Need for Program
Midwives are regulated health
professionals who function in accordance with legislation and common law
affecting midwifery practice. They are accountable and responsible for
their own actions within their practice. Therefore, it is essential that
midwives have access to ongoing, relevant education to remain up to
date with legal and professional regulatory issues relevant to their
context and conditions of practice.
Purpose of Program
The purpose of this seminar is to
provide midwives with a forum to enhance their knowledge of modern law
and the relevant, contemporary professional and regulatory issues that
affect their practice.
Your Learning Outcomes
Reflect on the laws relevant to the profession and practice of midwifery
Review current professional issues affecting midwives, including professional frameworks for competent practice
Explore concepts of negligence, liability, and professional indemnity as they apply to midwives
Discuss the processes that occur when an untoward event takes place within a midwifery context
What are the contemporary issues
confronting midwives regarding areas of legal concern? This short
discussion will provide an opportunity to raise some questions for
Law or Ethics – Choosing the Right Framework to Solve Clinical Dilemmas
When a clinical issue arises, do you
reach for the ethical or legal framework to help you resolve it? This
session will take a brief look at ethical frameworks, using four ethical
principles to address a clinical issue. It will then look to the legal
framework in order to resolve this issue in the best interests of those
Laws Impacting on Midwifery Practice
According to the Code of Professional
Conduct for Midwives, “Midwives practise and conduct themselves in
accordance with laws relevant to the profession and practice of
midwifery”. This session will refresh your understanding of the duty
midwives have to act in accordance with standards, codes, organisational
and professional policy, and the obligations of the employer, including
vicarious liability. Using a case study approach, this session will
Keeping in touch with statutory and common law – a review
Laws that currently have the most impact on the practice of midwifery
Understanding the concept of \"duty of care\"
The relevant professional codes, standards, and guidelines
The essential facts about neglect and vicarious liability
The vital role of accurate and correct documentation
The effectiveness of professional indemnity insurance for midwives, including the pitfalls
Modern Midwifery – Medicare, Prescribing, and Professional Indemnity
As the delivery of midwifery services change, some interesting issues may arise. We will look at:
What are some of the legal considerations if providing Medicare-funded care?
What are the legal obligations associated with prescribing from a formulary for midwives?
Foetal Rights – Maternal Responsibilities
There is much debate about the viability,
health, and ethical situation of unborn children. Midwives may become
involved in such considerations and it is advisable to have thought
through some of the dilemmas. It includes discussion on:
Definition of life and rights of the unborn child
Whether a midwife should intervene if a mother is drinking to excess during pregnancy
Whether a mother can be sued for damage to her foetus caused by maternal neglect
The legal response to reckless maternal conduct
Refusing Treatment During Pregnancy – Whose Choice?
Midwives and the women in their care have a
two-way relationship. However, women have a right to refuse treatment.
This session looks at the legal issues in upholding the rights of the
women and the obligations of the midwife. It includes:
If a woman refuses treatment or wishes to cease the relationship, what should you do?
What are the rights of the woman?
What if the midwife wishes to cease the relationship?
Conflict in care – what do you do when medical and midwives’ views differ?
Can a mother refuse life-saving treatment, if such treatment could cause the death of her baby?
Under what circumstances is consent waived?
Which processes need to be followed if consent is assumed?
Who is the legal parent in surrogacy
arrangements? What are the legal rights of estranged fathers and
grandparents? We will look at:
What are the rights of the biological father before and after childbirth?
Do grandparents have any rights under the law?
How legal are surrogacy arrangements?
Documentation, Midwifery, and the Law
The importance of quality documentation in
midwifery from a legal perspective cannot be overstated. This final
session will focus on the need to write accurate and timely reports.
Using examples from case law, the following will be discussed:
What constitutes accurate documentation?
How should you approach writing incident reports?
What are the pitfalls and pearls in managing recorded care?
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