Keeping Midwives Safe

Oct 2024

This book is needed to protect the rights of midwives who in turn protect and support their clients’ choices in childbirth. 

Globally, midwifery requires fresh insights to assist midwives in being free to do their work without unnecessary interference.  Similarly, childbearing clients need to birth without unnecessary interventions.   Although much of this is focused on the UK the human rights laws apply equally in other countries.

Initially, my intention was for keeping midwives safe to be focused on regulation (and to a lesser extent, to employment) situations, until the current Afghan situation reminded me that safety includes keeping midwives alive.  

Actions and the threat of actions against midwives (by regulators, employers and even by clients) can lead to defensive clinical practice.  Understanding what the law requires can give greater confidence that care meets the reasonable standards required.  However, that may not be enough for the regulator.  Particularly the UK NMC which investigates and suspends without reasonable cause.  If this were the police or any other public body abusing their power there are many ways to challenge them.  However, the NMC is protected from being sued and even challenged in the courts in general (due to Parliamentary Privilege).  

This book will show how you can keep safe in your practice.  Sometimes it is necessary to challenge the challenger (with kindness and education) as a way to stand up for your rights.  An active defence can be more effective than passive.  

Actions can simply be writing letters and statements to create a paper trail of evidence that is useful in any proceedings including regulatory or employment hearings.  Actions in the Courts provide some certainty with clarity and legal boundaries.  This is an effective way to uphold the human rights of midwives.  

First, we need to look at the care given by midwives to know how to defend this.  This needs to demonstrate safe effective care showing how the midwife is a safe competent practitioner. 

In theory, all that has to be shown is that we are reasonable in our care.  However, the courts and regulators appear to have unreasonably higher expectations and demands on midwives.  Part of an effective defence is to show the unique individual circumstances and our rationales at the time and now with hindsight.