Midwives play a central role in maternity care, guiding mothers and infants safely through pregnancy, birth, and the postnatal period. Their work often extends beyond routine clinical monitoring to safeguarding both physical and emotional wellbeing. In medico-legal disputes, particularly those involving allegations of negligence, maternal death, or infant harm, the expertise of midwives as expert witnesses can be critical. Their professional insight ensures that courts understand the clinical decisions, safeguarding responsibilities, and standards of care that underpin safe maternity practice.
The Safeguarding Role of Midwives
Safeguarding in maternity care involves more than monitoring vital signs during labour and delivery. Midwives are responsible for recognising risks, escalating concerns, and advocating for both mother and infant when complications arise. This includes responding to foetal distress, maternal haemorrhage, infections, or safeguarding concerns such as domestic abuse.
When safeguarding protocols fail-whether through delayed escalation, inadequate monitoring, or poor documentation,the consequences can be devastating. In these circumstances, midwives may be instructed as expert witnesses to clarify what should have occurred and whether accepted standards of care were met.
Midwives in Medico-Legal Proceedings
As expert witnesses, midwives provide independent, evidence-based opinions that help courts and legal teams evaluate the care provided during pregnancy and childbirth. Their expertise is particularly relevant in cases involving:
- Failure to monitor maternal or infant wellbeing.
- Failure to escalate care to senior clinicians when complications arise.
- Birth injuries, including hypoxic brain injuries or shoulder dystocia.
- Safeguarding failures, such as missed opportunities to protect vulnerable mothers or infants.
Midwives can explain not only the clinical facts but also the context in which decisions were made. Their testimony helps clarify whether care adhered to professional standards and national guidelines, or whether lapses contributed to adverse outcomes.
This extends to detailed review of medical records, handover notes, and care pathways. By evaluating documentation alongside clinical decisions, midwives provide a clear picture of how safeguarding responsibilities were fulfilled, or where they broke down. Their balanced perspective ensures accountability while recognising the realities of working within pressured maternity environments.
At Medico-Legal Healthcare, we recognise the vital role that midwives play in safeguarding mothers and infants. Their expertise as expert witnesses brings clarity to complex medico-legal disputes, ensuring that courts understand both the clinical and safeguarding dimensions of maternity care. By providing impartial, evidence-based reports, midwives help support justice, uphold professional accountability, and ultimately contribute to safer outcomes for women and children.