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Andrew Symon

Senior lecturer, Mother and Infant Research Unit, University of Dundee

Obtaining and confirming consent

A recent High Court case has highlighted for midwives the importance of obtaining and confirming valid consent Mordel v Royal Berkshire NHS centred on what information had been provided and understood...

Home birth and human rights: Lithuania's turn

In this column I have discussed legal cases presented to the European Court of Human Rights (ECHR) that are concerned with whether having a home birth can be considered a human right (Symon, 2018) The...

Maternity triage: did negligent assessment lead to cerebral palsy?

A recent court case in London (PXW v Kingston Hospital) heard that a baby was born with cerebral palsy, allegedly because of a midwife's negligence when assessing the mother in the maternity...

Claiming damages for psychiatric injury during childbirth

A previous article in this series recounted a court case (RE and others v Calderdale and Huddersfield NHS Foundation Trust [2017]) in which a mother successfully sued for damages because she had...

Home birth in Croatia: Is midwifery assistance potential ‘quackery’?

While home birth is supported as an option in the UK, in Croatia those who assist with home birth face possible criminal prosecution for ‘quackery’. Andrew Symon explains

Clemency for Hungarian homebirth midwife Ágnes Geréb

Previous articles in this series (Symon 2010; 2012) have noted how women in some other countries, even within the European Union, do not enjoy the same legal rights and protections as women in the UK...

The dangerously high cost of poor communication

Many of the legal cases discussed in this column relate to circumstances surrounding the birth Less usual are claims focussing on postnatal issues—particularly breastfeeding—but such a claim has just...

Threatening incarceration for pregnant women who drink alcohol

A recent press release from a county attorney's office in Montana declared that there would be:

Appealing a Nursing and Midwifery Council ‘striking off’ order

The prime function of the Nursing and Midwifery Council (NMC) is to protect the public, and in the light of recent scandals about maternity care, such as the Morecambe Bay investigation (Kirkup,...

Appealing a decision

What happens when the losing side in a court case decides that it wants to appeal? It is an understandable inclination, especially after what is often years of protracted negotiation and debate;...

Damages awarded for ‘nervous shock’ at a birth

A recent court case heard a claim by a baby's mother and grandmother for damages relating to ‘nervous shock’ following a birth complicated by dystocia (RE and others v Calderdale, 2017) To claim such...

A case of autism, learning disability, and refusal of a planned caesarean

In November 2016 a London court heard a case concerning a 24-year-old whose capacity to consent was being challenged by an NHS Trust (Re CA [2016]) The woman, known as ‘CA’, who lived in supported...

Of embellished memories and the expertise of experts

A recent High Court case (Watts v The Secretary of State for Health [2016]) has raised a number of issues, including the reliance that can be put on a claimant's accounts of the events in question,...

Summer reading: The NHS Litigation Authority Annual Report

Readers in England will be aware of the role of the NHS Litigation Authority (NHSLA), the body which manages litigation on behalf of the NHS in England. In Scotland, the equivalent is the Clinical...

When systems fail: An unhappy tale of a busy night shift

As if midwives needed any more reminding of the importance of good documentation and effective communication, there comes another court case which shows up failings in this regard. This article...

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