Women and Birth
Volume 19, Issue 3 , Pages 61-64, September 2006

To assist or not to assist: The legal liability of midwives acting as good Samaritans

  • Helen Newnham

      Affiliations

    • Corresponding Author InformationTel.: +61 8 9273 8613(O)/+61 8 9386 5385(H); fax: +61 8 9273 8699.

School of Nursing, Midwifery and Postgraduate Medicine, Edith Cowan University, Pearson Street, Churchlands, WA 6018, Australia

Received 17 May 2006; received in revised form 13 June 2006; accepted 20 June 2006.

Summary 

At common law no legal duty exists to rescue. This article examines the common law position and whether NSW case of Lowns v Woods 1996 ATR 81-376 creates a new duty to rescue. Recent legislation in some states provides protection from litigation to those who assist in emergencies providing they act in good faith and without gross negligence. The implications for midwives who act as good Samaritans are discussed.

Keywords: Duty to rescue, Emergencies, Legal liability, Legislation

 

PII: S1871-5192(06)00024-2

doi:10.1016/j.wombi.2006.06.001

Women and Birth
Volume 19, Issue 3 , Pages 61-64, September 2006

Article Tools