Journal article
Is the Concept of Midwifery Abdication Evident in Australian Case Law? A Systematic Review of Legal Literature, Court/Tribunal Decisions, and Coronial Findings
International Journal of Childbirth, Vol.10(4), pp.217-233
2020
Abstract
BACKGROUND: This review builds upon previous work exploring the concept of Midwifery Abdication, within the national midwifery literature. This article focuses on Australian legal literature, court/tribunal decisions and coronial or coroner's court findings.
OBJECTIVE: To explore Midwifery Abdication and whether it is evident within Australian caselaw.
DATA SOURCES: Australian Legal literature, coronial findings, and court/tribunal decisions reported by the Australian Health Practitioner Regulation Agency, during 2005-2020.
ELIGIBILITY CRITERIA: 1,246 cases were located using the presented search terms. Use of exclusion criteria resulted in the inclusion of 41 cases.
METHODS: While there are no validated tools to appraise caselaw, this review followed a robust protocol that guides the preparation and reporting of systematic reviews. Midwifery Abdication was identified using previously validated, interrelated constructs.
RESULTS: Midwifery Abdication occurred in 41 cases; that included one or more previously identified constructs. In line with the associated integrative review, a midwife's professional identity, environmental hierarchy and associated culture of social obedience are all shown to act as influencing factors in Midwifery Abdication.
LIMITATIONS: Rigorous and reproducible processes were used; however, limited search functionality of some data sources may have resulted in inadvertent omission of cases. While this review relates to case law in one high-income country it provides a platform for further international research.
CONCLUSIONS AND IMPLICATIONS OF KEY FINDINGS: Acknowledging Midwifery Abdication in Australian caselaw may serve to strengthen the midwifery voice and encourage an enhanced educational and reflective focus on midwifery philosophy and decision-making. Midwifery education must empower midwives to embrace their autonomous status while enhancing their abilities to optimize informed decision-making within a woman-centered midwifery philosophy.
Details
- Title
- Is the Concept of Midwifery Abdication Evident in Australian Case Law? A Systematic Review of Legal Literature, Court/Tribunal Decisions, and Coronial Findings
- Authors
- Elaine Jefford (Corresponding Author) - Southern Cross UniversitySamantha J. Nolan (Author) - Southern Cross UniversityJulie Jomeen (Author) - Southern Cross University
- Publication details
- International Journal of Childbirth, Vol.10(4), pp.217-233
- Publisher
- Springer Publishing Company
- DOI
- 10.1891/IJCBIRTH-D-20-00038
- ISSN
- 2156-5295
- Organisation Unit
- School of Nursing, Midwifery and Paramedicine - Legacy; School of Health - Midwifery
- Language
- English
- Record Identifier
- 99700255802621
- Output Type
- Journal article
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- Nursing
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