Maternity care should be safe, inclusive, and responsive to every woman’s needs. Yet for women with disabilities or neurodivergent profiles, pregnancy and childbirth can present additional barriers that are not always adequately recognised within standard clinical pathways. When care fails to account for these needs, legal questions often arise around reasonable adjustments, consent, and equality. In such cases, midwives play a crucial role as expert witnesses, helping courts understand how maternity care should be adapted for individuals with neurodiversity and disability.
Midwives as Expert Witnesses
Midwives are uniquely placed to provide medico-legal insight into maternity care because they understand both the clinical demands of childbirth and the relational aspects of care. As expert witnesses, they analyse maternity records, antenatal planning, labour management, and postnatal support through the lens of professional standards and reasonable practice.
In cases involving disability or neurodiversity, a midwife expert may be asked to address questions such as:
- Were the woman’s additional needs identified and documented?
- Were reasonable adjustments discussed and agreed upon?
- Was consent obtained in a way that was accessible and meaningful?
- Did the care environment or staff response exacerbate distress or risk?
Their evidence helps the court distinguish between unavoidable clinical complications and failures arising from inadequate planning, communication, or flexibility.
Beyond Physical Injury: Psychological and Dignity-Based Harm
Importantly, not all maternity-related claims involve physical injury. For disabled or neurodivergent women, the harm may be psychological, relating to trauma, loss of dignity, or feeling unheard during labour. Midwifery expert witnesses help courts understand how these experiences can arise from systemic failures rather than isolated clinical errors.
By contextualising care within both clinical standards and equality obligations, midwives provide balanced, evidence-based opinions that support fair legal outcomes.
Supporting Fair and Inclusive Justice
At Medico-Legal Healthcare, we recognise the growing importance of disability-informed maternity evidence. Our experienced midwife expert witnesses provide clear, impartial opinions on reasonable adjustments, consent, and standards of care in complex cases involving disability and neurodiversity. Through clinically grounded and legally robust reporting, we support courts in reaching decisions that reflect both medical reality and the rights of vulnerable individuals, helping ensure maternity care is judged fairly, compassionately, and lawfully.