Childbirth and the Law

Richard Johanson, MIDIRS Midwifery Digest, Vol. 11, No. 4, December 2001 This is a unique scholarly review of relevance to healthcare providers, particularly obstetricians and midwives and also lawyers... provides a valuable resource for anyone who wants to know what the law is. It is... by no means simply an academic review, and offers much practical advice... the book is absorbing, easy to read and is fully referenced. I would strongly recommend it as essential reading for those responsible for risk management, but it is a highly relevant subject tackled so well, that anyone could expect to enjoy learning from it whether they are in training or fulfilling continuous professional development.

Australian Medicine, 2 July 2001 ... well researched and comprehensive ... fascinating and intellectually challenging ... This book is an essential reference for lawyers involved in health law and doctors involved in medico-legal and policy areas.

The Obstetrician & Gynaecologist Vol. 3 No. 3, July 2001 ... a 'must' for all those interested in risk management and medico-legal matters relating to the obstetrician. ... The book is well referenced and includes an extensive list of cases giving an excellent legal reference database for those interested in writing expert reports and acting as a member of a risk management committee. ... easy to read ... well researched and shows clear thinking throughout. The footnotes are clear, the referencing excellent and, despite the apparent heaviness of the subject, the book has appropriate humour and insight. ... should be used as part of the education portfolio of legal and forensic obstetrics and should form part of the training programme in risk management.

Journal of Law and Medicine Volume 8 Seymour's Childbirth and the Law is an important book from an international point of view ... The author is well-positioned to undertake the task, being a Professor of Law at the Australian National University and highly regarded as a scholar in the family law, children's law and medical law areas.

Journal of Law and Medicine Volume 8 A characteristic of Seymour's Childbirth and the Law is that it is particularly well organised and interestingly written. It is soundly legally and medically researched ... the author discusses relevant cases in an engaging manner, presenting pertinent facts and then drawing out legal principles accurately and lucidly ... unlike a number of recent works the author thoughtfully analyses the differing case law within the various jurisdictions and points out both the consistencies and inconsistencies. The work will constitute a fine resource for those called upon to argue and decide the many difficult cases that arise in the context of childbirth litigation.

Journal of Law and Medicine Volume 8 Seymour presents the often complex material in Childbirth and the Law very accessibly ... Childbirth and the Law is a fine intellectual contribution to cross-disciplinary unde...

John Seymour is Adjunct Professor of Law at The Australian National University, Canberra

1. Introduction; PART I: THE CURRENT LAW; 2. Legal Intervention when a Fetus is Threatened or Harmed; 3. Elements of a Negligence Action in Obstetrics and Midwifery; 4. Negligent Treatment in Obstetrics and Midwifery; 5. Negligent Failure to Provide Appropriate Information in Obstetrics and Midwifery; 6. Other Actions in Obstetrics and Midwifery; 7. The Assessment of Damages; PART II: ASSESSING THE IMPACT OF THE LAW; 8. The Legal Status of the Foetus; 9. A Question of Autonomy?; 10. Applying the Law of Negligence; 11. After Birth: Maternal Liability for Antenatal Conduct?; 12. The Duty of Care in Obstetrics and Midwifery; 13. The Reality of Negligence Actions and the Need for Reform; 14. Conclusion: The Role of the Law; Glossary of Medical Terms; Glossary of Legal Terms