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The Jean O'Neil Case: Civil Negligence in Obstetric Care

Abstract:

This paper examines the requirements for the tort of negligence as set out in Bolam v. Friern Hospital Management Committee in light of professional liability in cases of obstetrical negligence. Focus is placed on the New Zealand Nursing Council decision in the Mary Jean O'Neil case in comparison with the Medical Practitioners Disciplinary Committee decision in the Dr Howard Clentworth case. Criticisms are made regarding the notion that the reasonable midwife standard includes underlying assumptions of the reasonable male practitioner standard. Essentially, it will be argued that this is of negative consequence since the Bolam test is a gendered concept based on the reasonable male. The 'unpacking' of this legal standard reveals that accepted obstetrical practices are falsely assumed to be acceptable and that adopting the reasonable woman practitioner standard alone does not solve the Bolam problems.

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gendered inequity, imbalance of power, professional liability, professional misconduct