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Midwifery and the Law

A Seminar for All Midwives


  1. Midwifery and the Law(VIC)Melbourne
    Hotel IBIS Melbourne

  2. Midwifery and the Law(NSW)Sydney
    Quality Hotels Cambridge

10.50
CPD
Hours
 10.50
RCNA
Points


Event Type:
Duration:
Cost:
Relevant To:
Conference
Two Days
$473.00


All Midwives



General Description

This interesting two day seminar is designed specifically to inform and enhance a midwife's knowledge about modern legal and professional aspects of their profession. Due to the potential risks that are manifest in all areas of health care, including obstetrics, it is essential that midwives regularly update their knowledge about these topics. Due to the recent changes in the regulation of midwifery, there is a need to ensure all midwives understand the ramifications of the new conditions of practice set out by the regulatory authorities.

This two day program offers you an opportunity to intensely learn, debate and discuss relevant aspects of law and professionalism essential to safe practice.


Need for Program

Due to the potential risks that are manifest in all areas of health care it is essential that providers have access to ongoing, relevant education that relates to their context of practice. Midwives need to remain up-to-date with modern law relevant to their work. As well, due to recent changes in the regulation of midwifery, there is a need to ensure all midwives understand the ramifications of the new conditions of practice.


Midwives are required to obtain a minimum number of hours of continuing professional development (CPD), that relate to their context of practice, in order to comply with mandatory regulatory requirements.


Aims and Objectives

The aim of this seminar is to offer midwives a forum to enhance their knowledge of modern law as it affects their practice. A further aim is to encourage discussion about a range of contemporary professional and regulatory issues of relevance to midwives.


At the completion of this program it is anticipated that the participant should be able to:

  • Understand the concept and elements of a professional practice framework for competent practice.
  • Describe what comprises the midwives duty of care and how this relates to professional conduct
  • Identify the legal status of the unborn at all stages of gestation.
  • Correctly document all care to ensure it is accurate, timely and legally correct.


If you are considering attending the Melbourne program in February, please download the full program above as it differs significantly from the information shown below. This particular topic has been updated on 20th February 2012 to meet the needs of current law. Please refer to the website version for most accurate content and time sessions.

8.30 am - Registration and Refreshments

9.00 am - Midwifery and the Law – Modern Considerations

The 3rd Code of Professional Conduct for Midwives in Australia states: 'Midwives practise and conduct themselves in accordance with laws relevant to the profession and practice of midwifery.'* This introductory session will review this code and examine what is meant by '…laws relevant to the profession and practice of midwifery.'. It will also look at contemporary issues confronting midwives in regard to areas of legal concern.


Implicit in this discussion is a caution for midwives to avoid exposing themselves, or those in their care, to ethico-legal risk based on inadequate knowledge of the law or insensitivity about adverse consequences. It will include perspectives on the need for midwives to make decisions and problem solving choices within an evidence-based, legally accountable framework.

  • Review of the concept 'duty of care'.
  • What are the legal implications for midwives who provide Medicare funded care in Australia?
  • Review of recent legal cases involving midwives.

*The Code of Professional Conduct for Nurses in Australia http://www.nursingmidwiferyboard.gov.au

10.30 am - Morning Tea and Coffee

11.00 am - Justifying Your Clinical and Professional Decisions at Law

A review of neglect and vicarious liability. Discussion of these legal concepts and why knowing them, will assist you to make better decisions in regard to the laws relevant to the practice of midwifery. What do you need to know about the following concepts:

  • Neglect
  • Vicarious liability.

Professional Indemnity Insurance

A look at professional indemnity insurance and the types of cover required by midwives. Includes how professional indemnity insurance is awarded and allocated.

12.00 pm - The Legal Status of the Unborn Child

There is much debate about the viability, health and ethical situation of unborn children. Midwives may become involved in such considerations and are well advised to have thought through some of the dilemmas.

  • Review of the definition of life.
  • What are the rights of the unborn?
  • Should a midwife intervene if a mother is drinking to excess during pregnancy?
  • Can a mother be sued for damage to her foetus caused by maternal neglect?
  • Can a mother refuse life saving treatment if such treatment could cause the death of her baby?
  • Under what circumstances is consent waived?
  • Which process needs to be followed if consent is assumed?
1.00 pm - Lunch Break and Networking

2.00 pm - The Rights of Fathers and Grandparents

Often fathers and grandparents are 'caught in the crossfire' of personal family traumas. This interesting session will discuss the legal rights of fathers and also grandparents in regard to choice and access-related issues.

  • What are the rights of the biological father - before and after childbirth?
  • Do grandparents have any rights at law?

2.30 pm - Documentation Update for Midwives

A general revision of the importance of documentation to midwifery practice. There will be a particular focus on the need to write accurate, timely and correct reports and not to become complacent in this aspect of care.

  • What constitutes correct documentation?
  • How to write concise yet accurate incident reports.
  • What are "reportable deaths" and why is the midwife's documentation regarding them so crucial?
  • What would be expected of you if you were called to appear in the Coroner's Court?
  • If this occurs, what legal advice should you seek?

 

3.00 pm - Afternoon Tea and Coffee

3.30 pm - Group Discussion of Topics of Concern

In this session, you will have an opportunity to seek clarity on issues relating to law and midwifery practice about which you are unsure. This session is intended to open the floor to rigorous debate and discussion.

4.15 pm - Close of Day One of Seminar
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