While childbirth can be a beautiful thing, it can also sadly sometimes be traumatic and daunting.
While not the most exciting thing for an expectant mother to be thinking about, it is important to understand what suitable consent during childbirth is, as well as when and how it must be obtained.
The rule is that it is crucial to obtain a mother’s consent at every stage of the pregnancy. It is a fundamental right during pregnancy, birth, and also during the postnatal period that informed consent is given. In order to give informed consent an expectant mother must be informed of all relevant information, so that this can be considered when making decisions about her and the baby’s care. The mother should be presented with options, and her decisions should not be influenced by healthcare professionals. Even in emergencies, it is important to ensure that the mother’s consent is obtained.
Midwives and doctors should provide patients with the necessary support and information they need to enable them to make decisions about their treatment.
Creating a birth plan
Early in a pregnancy it is important to have conversations with healthcare providers to obtain all the information you need, so that you can consider the treatment and care offered, as well as what you might like or not like. One way to record what you wouldn’t like is to create a birth plan. Within this you can set out any treatment you do not want. Then if there are any changes to this plan, with a treatment being offered which was mentioned in the plan, then the mother must be informed of this, as well as being told about any risks, or benefits of this during pregnancy or labour.
Valid consent
Valid consent must be voluntary, informed, and understood, ie there is an understanding of what is being consented to, what this really means, other options and any risks or benefits.
A claim of medical negligence may arise from a lack of informed consent where there is:
Understanding if you have given informed consent during childbirth may not always be easy, so if you or someone you know thinks that have experienced a situation where informed consent was not provided during pregnancy or labour, then please reach out to our Clinical Negligence Team for a free review of your case.
If you’d like some more information then please see here a guide setting out the rights of women in the UK and providing guidance on legal rights: https://birthrights.org.uk/.
