This book deals with the following important legal questions related to childbirth. When a woman is pregnant, does the law have any part to play in protecting the fetus from harm? Should it intervene, for example, if she is taking illegal drugs or has, at the time of delivery, declined to accept medical advice? And how does—-and should—-the law respond when something goes wrong and the baby is born injured or disabled? Do damages claims provide outcomes, which are fair to the woman, her child, and the doctors, and midwives who have cared for them? Contents: 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

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

John Seymour , Adjunct Professor of Law, Australian National University, Canberra

`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.' Richard Johanson, MIDIRS Midwifery Digest, Vol. 11, No. 4, December 2001 |d 5 Oct 2002