What happens when the midwife is ignored?
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Biomedical subjects
Publications and source records attributed to B Dimond.
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It is not unusual for children to come into the Accident and Emergency (A & E) department unaccompanied by their parents and alone or with other children. At the one extreme there might be a child who is bleeding from a cut which requires urgent stitching, at the other extreme, there may be a road traffic accident where the child is unconscious and no one initially knows his name or parents and address. What is the legal situation regarding the duty of the A & E staff? This article starts with the general principles relating to consent to treatment and then looks at specific situations relating to children.
The article explores the legal issues relating to the right of the patient to make known his views relating to consent or refusal to receive specific treatment in the future. Such a future or advance directive is known as a living will. At present there is no statutory right for a person to make a living will but it is considered to be part of the right at common law for patients which would be recognised by the courts. The absence of statutory provision creates considerable difficulties for Accident and Emergency staffing. The Law Commission has recommended that there should be statutory provision enabling patients to make living wills and the article explores some of the consequences of their recommendations.
The following situation is not unusual in the Accident and Emergency (A & E) department: A young man is brought in by his girlfriend. She says that she came home unexpectedly and found him in a drowsy state, with an empty bottle of paracetamol and a farewell note left by the bedside. With the help of a neighbour she brought him to the department. The patient is not unconscious and resists any attempt to be given a stomach wash-out. Staff know that if this does not take place he is likely to suffer serious internal harm and his life could be in danger. He does not seem capable of listening to rational argument, but is shouting to be allowed to go. What is the legal position? As a sequel to this question, if he eventually does have a stomach wash-out and is able to leave the hospital but staff fear that he may repeat the suicide attempt, can he be compelled to stay?
It is not surprising that the increased level of violence in society has had its effect upon safety within the Accident and Emergency (A & E) department. At a time when every health professional including General Practitioners (GPs) report incidents of assault during their work, it is inevitable that such incidents should also occur within hospitals. Many A & E departments now employ security firms to guard the premises and to be on call should trouble arise. Most departments would have a system of closed circuit television which may be useful in identifying and controlling trouble at an early stage and in assisting in the recognition of offenders subsequently. Unfortunately such measures are not entirely successful in preventing violence in the departments, and the nurse may be confronted by such situations as: An injured person coming in with his drunken friends on a Friday night or after a football match, bringing havoc and uproar to the department An injured spouse/cohabitee following a violent quarrel at home, with the uninjured party trailing behind fiercely defensive of his innocence and yet aggressive to others around Tramps, bewildered and terrified, denying the need for help and resisting the assistance of the staff. What is the legal position of the nurse in such situations? If the nurse fears for safety would the right exist to evict such persons from the department even though there may be severe injuries? Is the nurse permitted to take any action in self-defence? What duty exists upon the nurse's employer to secure health and safety?(ABSTRACT TRUNCATED AT 250 WORDS)
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25% of all midwives have taken sick leave because of back injury. The onus is on the employer to see that employees are not made to undertake risky manual handling work. The place of confinement should be checked beforehand for suitability and safety. Temporary staff are covered by the risk assessment process, but independent midwives are not.
Midwives involved in the establishment of a midwifery-managed unit were given the opportunity to express their concerns anonymously. The principal areas of concern they identified were: Risks to mother and baby. Transfers from the unit to the district general hospital. Refusals by clients. Indemnity, litigation and protection by management. Prescribing, training and updating.
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