Chapter

Negligent Failure to Provide Appropriate Information in Obstetrics and Midwifery

John Seymour

in Childbirth and the Law

Published in print July 2000 | ISBN: 9780198264682
Published online March 2012 | e-ISBN: 9780191682759 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264682.003.0005
Negligent Failure to Provide Appropriate Information in Obstetrics and Midwifery

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All the obstetric cases so far discussed have involved allegations that medical techniques have been unsatisfactorily employed and that their unskilful use has caused an adverse or unwanted outcome. The claims have rested on the assertion that more competent diagnosis or treatment would have avoided that outcome. This chapter considers cases arising from a different form of negligence: a failure to provide a pregnant woman with information to which she is entitled. The circumstances in which allegations of negligent non-disclosure can be made against those responsible for the care and delivery of pregnant women are varied. In considering the relevant cases, the chapter deals first with actions arising when the woman or her child suffered injury and then with those in which the alleged wrong consisted of the birth of an unwanted child.

Keywords: negligence; pregnant women; non-disclosure; unwanted child; childbirth

Chapter.  10126 words. 

Subjects: Medical and Healthcare Law

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