Legal Protection: Medical Negligence and the Rights of Pregnant Women

This essay examines whether current legal provisions and guidance for medical negligence adequately protect the rights of pregnant women and their children. It highlights the importance of these provisions in ensuring proper delivery services and care standards, noting that medical negligence can lead to harm and the violation of rights. The essay uses case studies, such as the tragic case of Gabriela Pintilie, to illustrate the consequences of medical negligence, including delays in performing cesarean sections and failures in timely treatments. Key themes emerging from the literature review include the risk of poor care among pregnant women and the need for healthcare providers to adhere to legal standards. The research outline emphasizes the importance of in-depth qualitative research, utilizing secondary research methods and case study analysis to gain a comprehensive understanding of the topic. The chosen methodology, qualitative research, focuses on in-depth analysis to assess the effectiveness of current provisions and guidance.

Do the current provisions and
guidance for medical
negligence safely protect the
rights of pregnant women and
their children

Research problem and interest
The question “Do the current provisions and guidance for medical negligence safely protect the
rights of pregnant women and their children”
Background of the question is that provisions and guidance for medical negligence in
safety protect for rights of pregnant women and their children play essential role, in maintaining
proper delivery aspects and services for improved care standards. The medical negligence should
be guided and protected with legal provisions, as it enables to protect pregnant women and
children1 ( Brygger Venø and et.al, 2021). Problem is essential and keenly specific to identify
medical negligence aspects, and safely protect rights of pregnant women and their children.
Medical negligence has often led to specific harm in protection of rights in pregnant women,
children. By developing provisions, guidance for medical negligence there is safety and
protection done in rights of pregnant women and their children, which enables to frame
improved medical services. It has been found to be essential aspect, where medical negligence
after Caesarian section is widely one of the most essential concern rising. Background of the
chosen question is based on topic that current provisions and guidance on medical negligence in
safety protection.
Delays in performing caesarean section, failure to perform timely treatments and
anesthetic errors along with surgical errors are some of the specific aspects where medical
negligence has been found to be common. This has direct impact on mother health, child can
become deprived of oxygen which further hampers specific healthcare services. Civil procedural
rules in England and Wales allow for claims within medical negligence to be started within 3
years of alleged negligence occurring within 3 years of victims mistake 2 (Deutsch and et.al,
2021).
The problem has been taken, due to significant importance and rising cases of medical
negligence which has affected pregnant women and their children healthcare aspects diversely.
Gabriela Pintilie, age 36 has lost 6 liters of blood after giving birth to her daughter at Basildon.
She died after patient was not given blood products she needed for transfusion, and doctors
conducted emergency surgery after birth where realize blood and blood clotting products were
not available. The case enabled to analyze situation of confusion during crisis, where Gabriella
was bled to death which was also result of lack of leadership to deal with situation. It was a lack
of co-ordination and team work, medical safety practices negligence which were not considered
and specific lack of right in pregnant women has been found to be concern. Research will enable
to gain information about importance of developing provisions and guidance for medical
negligence safety to protect rights of pregnant women and their children. Studies will be
1 . Brygger Venø, L., and et.al, General practitioners’ perceived indicators of
vulnerability in pregnancy-A qualitative interview study. BMC Family Practice
(22(1), pp.1-10. 2021).
2 Deutsch, S. A., and et.al, Supporting mother-infant dyads impacted by prenatal
substance exposure. (129, p. Children and Youth Services Review 106191. 2021).

analyzed of various cases in medical negligence, where increased medical negligence further
hampers patient overall condition after delivery. Pregnant women have certain rights and safety
protection, where medical safety protection is essential to be focused on.
The doctors and patients are institution parties, which are involved in facing the problem
where by developing provisions and guidance for medical negligence safety rights of pregnant
women shall be protected. Initial research will shed light on secondary research on topic, pertain
informative focus on extensive care standards where doctors and patient need to take care for all
patient overall care and recovery.
Key themes that emerge from literature
Risk of poor care among pregnant women
As per the views of 3 Greene and et.al, (2021), risk of poor care among pregnant women
leads to complications and risk of various emergency situations, which impacts overall health
and can also lead to death. The researcher also focuses fact that medical and nursing negligence
among staff towards addressing urgent needs can lead to risk of serious harm to mother and baby
after delivery. The provisions and guidance for medical negligence safety, enable protect the
rights of pregnant women and children competently. The doctors and specific experts should
follow provisions towards medical negligence for safety management, and keeping up with
medical safety protocols for all pregnant women and children. Author argues the importance of
checking risk of poor care among pregnant women that lead to complications, and varied
emergency situations in health prospects. By abiding to UK legal laws and provisions, medical
negligence safety standards can protect rights of pregnant women and their children.
As noted by Griffith, (2022) 4medical profession shall follow legislations and provisions,
where doctors and hospitals are expected to provide medical treatments with knowledge and
skills at command. Doctors either because of negligence, carelessness and attitude towards
patient increases risk of complication and hurt entrusted life of patient care standards.
In 2014, Ava has died due to clinical failings during her delivery, where the case was an
example of medical negligence by medical staff. The doctors told that patient was constipated
and had urinary Tact infection (Compensation for Negligence in Maternity Cases, 2021). Patient
started bleeding, during caesarean section where she was suffered with severe brain damage due
to lack of oxygen. Patient was found subsequently to be died, where standard of care received
was not proper by doctors The current provisions and guidance for medical negligence safety
protection among rights of pregnant women, and children has to be followed for maintaining
proper medical safety standards. Proper medical assistance and follow up on patient health
conditions was not done, which further has been found to be essential parameter. Case enables to
gain knowledge about negligence of poor care standards among medical care, and further
implementing specific care towards better health care services.
3 Greene, C.A and et.al,.,. Associations among childhood threat and deprivation
experiences, emotion dysregulation, and mental health in pregnant
women. Psychological trauma: theory, research, practice, and policy. 2021)
4 Griffith, R., The health professional's duty to warn of preconception
risks. British Journal of Nursing (31(1), pp.54-55. 2022).

The pregnancy medical negligence cases against healthcare provider, holds huge
importance to develop specific correlation towards better mother well- being and child protection
standards. Mistakes and negligence in mother wellbeing can affect child health and mother
health also, where setting provisions and legal laws is essential. UK has various cases of
mistakes and neglect during pregnancy, where this has found to be main factor which has led to
emerge of provisions towards proper timely medial services.5( Heyrana, Byers, and Stratton,
2018).
Another most important and widely known case study was of Gabriela Pintilie,, who lost
6 liters of blood after successfully giving birth to child, via cesarean section at hospital. The
doctors conducting emergency surgery after birth did not realize how much blood and blood
clotting products were available which led to severe body loss in patient body. The state of
confusion in decision making, and crisis event has led to death of patient due to medical
negligence. There was lack of co-ordination and team work among hospital, which further lead
to situation of patient death. This case shows sheer negligence of medical professionals towards
healthcare condition availability, treatment situations and less awareness about legal provisions.
It hurts pregnant women rights and legal laws, where proper availability of proper medical
services should be there. The serious failings in hospital care of mother has suffered massive
hemorrhage and died after some hours of child birth, which has been found to be specific
concern within case study. It can be also analyzed that case study further competently shed light
on fact that diagnosis of best medical facilities is crucial. The risk of poor care increases women
health to extended risk and complications, where compound difficulties often creates stressful
and emergency situations.
There exists duty to obtain prior consent, for the purpose of diagnosis and disclosure of
proper medical treatments which will be performed. This has been found to be major concern,
where UK provisions and guidance for medical negligence safety protection of rights of pregnant
women and children is essential. Lack of leadership to deal with situations and coordination,
among medical professionals impacts overall medical emergency within patient overall health
conditions.
As per the views of (Lateef, Alaggia and Collin-Vézina, 2021)6 pregnancy and birth, has
complications of preeclampsia and gestational diabetes that should be detected before severe
complications rise and there is further rise in emergencies. Another Fatal still birth claim for
50,000 was given in compensation for Mrs. Tarmina who lost her child due to antenatal failing at
leading London hospital trust. Research behind case study enables to gain knowledge on fact
that the birth of child was not specifically monitored. The baby was likely in distress and should
have been delivered earlier, which have avoided still birth associated with infection and child
inability to fight.
The wrong medication being administered and dispensed, along with failure to provide
valid informed consent to treatment was found to be major reasons. Failure to warn risks in
5 Heyrana, K., Byers, H.M. and Stratton, P.,. Increasing the participation of
pregnant women in clinical trials. Jama (320(20), pp.2077-2078 and 2018).
6 Lateef, R., Alaggia, R. and Collin-Vézina, D.,. A scoping review on
psychosocial consequences of pandemics on parents and children: Planning
for today and the future. Children and Youth Services Review (125, p.106002.
and 2021)

delivery procedure was there, which hampered patient overall health conditions. Research will
enable to get detailed information about legal provisions to be taken into concern, for medical
facilities to be improved on for more effective healthcare services.
Research outline
The research outline enables to develop specific importance about logical progression,
sound arrangement and linking all parts with each other based on significant business criteria for
in depth research. The research will shed light on authentic information about current provisions,
guidance for medical negligence based on safety protection for rights of pregnant women and
children. Study will outline importance about medical negligence about safety protection, about
rights of pregnant women and children which enables to significantly identify importance about
more in depth research (Meiksans and et.al, 2021). 7 Research will also more accurately evolve
focus on extended importance about legal provisions and guidance towards medical negligence
based on safety protection aspects among rights of pregnant women and children. The case
studies based on authentic medical negligence by nurses and doctors, will be identified based on
significant rapport on extended wellness. It can be also analyzed that research will outline about
methods for more in depth qualitative research, based on case studies analysis and pertaining
focus on more competent knowledge.
Chosen methodology
The research type, research method and research design will enable to gain knowledge
about more in depth information about methods which will be undertaken for study to gain
accurate informative results. By pertaining focus on qualitative research type, secondary
research method analysis and extending determined criteria towards using best research design
will enable more productive outcomes to be obtained. Chosen methodology will enable to get
detailed information about research type, usage best research method and design for extending
competent efficiency in research.
Research type: The qualitative research type will be used in recent research study, as this will
enable in depth analysis of various factors. Qualitative research, will be used in study to attain
quality oriented results which will shape functional growth parameters of research. Qualitative
research type is highly authentic, and holds importance towards developing competent working
surge based on functional goals. Drawback behind qualitative research type is that quantity
oriented results and data cannot be attained with this research (Osanan, Vidarte and Ludmir,
2020) 8
Secondary research method: The secondary research methodology, will be used within
research in present study as it further enables latest findings to be assessed. Shortcomings in this
7 Lateef, R., Alaggia, R. and Collin-Vézina, D.,. A scoping review on
psychosocial consequences of pandemics on parents and children: Planning
for today and the future. Children and Youth Services Review (125, p.106002.
and 2021)
8 Meiksans, J., and et.al. Risk factors identified in prenatal child protection
reports. Children and youth services review. (122, p.105905 and 2021).

method can be that accurate findings cannot be found, within secondary research method. Usage
of already published articles and studies can be less valid due to lack of validity, and less
accurate findings. For further more in depth findings primary research method can be used in
future to overcome the disadvantage, where it enables to get more authentic direct information.
Various articles, case studies and in depth portrayal of already published information about
research will be identified for more competent working.
Research design: The descriptive research design will be used in recent report, where it further
forms specific focus on extended in depth research based on situational analysis parameters.
Descriptive research design enables to gain knowledge about phenomenon, situation and
population preferences regarding the specific research topic (Peddireddy, Austin and
Gottfredson, 2022) 9. Research may reflect certain biasness within systematic manner, situational
factors and population which is shortcoming of this research design. It may reflect on certain
level of biasness and accuracy aspects will be less due to absence of statistical tests. Descriptive
study will enable informative findings to be generated within research, generate working
findings based on specific working parameters.
Annotated reliable sources
Reliable sources have been selected to get productive information about research topic,
based on qualitative research findings for more competent research to be presented. By selecting
best resources, the research will be done in extended format based on competent working
determinants.
The chosen sources are as follows:
1 Alwash, N.M. and Palusci, V.J., 2022. Factors related to medical neglect recurrence and foster
care and adoption services. Child Abuse & Neglect, 123, p.105378.
2 Petrovic, M., Nicholls, J., & Siassakos, D. (2021). Proceed with reasonable care: when legal
Principles inform training to prevent harm during the childbirth. Best Practice & Research
Clinical Obstetrics & Gynaecology.
3 Tingle, J. (2021). Compensating for clinical negligence: the need to go back to basics. British
Journal of Nursing, 30(16), 986-987.
4 Adams, M., Iedema, R., Heazell, A. E., Treadwell, M., Booker, M., Bevan, C., ... & Sandall, J.
(2022). Protocol: Investigation of the critical factors required to improve the disclosure and
discussion of harm with affected women and families: a study protocol for a qualitative, realist
study in NHS maternity services (the DISCERN study). BMJ Open, 12(2).
5 Petrovic, M., Nicholls, J., & Siassakos, D. (2021). Proceed with reasonable care: when legal
Principles inform training to prevent harm during the childbirth. Best Practice & Research
Clinical Obstetrics & Gynaecology.
9 Peddireddy, S. R., Austin, A. E. and Gottfredson, N.C Factors contributing to
level and type of child welfare involvement following prenatal substance
exposure: a scoping review. Child Abuse & Neglect (125, p.105484. 2022).

The references which have been selected to be used, are based on specific research topic
which is based on topic which is based on do the current provisions and guidance for medical
negligence safely protect rights of pregnant women and children. They will support discussion
based on specific research which is based on medical negligence safety protection, based on
rights for pregnant women. Sources are related to protocol, used in guidance for medical
negligence safety protection as main concern among pregnant women. The reliability of sources
can be analyzed with surety, as sources are latest and are valid to topic relevance for more
competent findings. Validity band reliability of sources can be attained with specific significance
to sources, where it forms informative base for study to further explore more findings (Vick,
2021). 10
The sources are reliable, accurate and authentic to determine information about research
topic, for developing in depth information as per significant working competencies. Sources will
inform new findings, support research to be attained with accurate working parameters and
enable us more productive research within subject area. Sources to be put into use are also latest,
and related to research goals within study which enhances its potential accuracy criteria. Sources
will inform discussion within research, as sources have been used within latest research
framework and also determining accurate findings. The selected sources studies will enable
more informative data to be attained, based on significance behind topic which is based on
medical negligence for safely protecting rights of pregnant women and their children. Chosen
sources will also enable timely utilization of informative data findings, strengthen up competent
working efficiency for research to be accurate.
10 Vick, L., The role of guidelines and protocols in clinical negligence litigation: a
solicitors viewpoint. In Clinical Guidelines and the Law of Medical Negligence (
Edward Elgar Publishing 2021).

REFRENCES
Books and Journals
Brygger Venø, L., and et.al, General practitioners’ perceived indicators of vulnerability in
pregnancy-A qualitative interview study. BMC Family Practice (22(1), pp.1-10.
2021).
Deutsch, S. A., and et.al, Supporting mother-infant dyads impacted by prenatal substance
exposure. (129, p. Children and Youth Services Review 106191. 2021).
Greene, C.A and et.al,.,. Associations among childhood threat and deprivation experiences,
emotion dysregulation, and mental health in pregnant women. Psychological
trauma: theory, research, practice, and policy. 2021)
Griffith, R., The health professional's duty to warn of preconception risks. British Journal of
Nursing (31(1), pp.54-55. 2022).
Heyrana, K., Byers, H.M. and Stratton, P.,. Increasing the participation of pregnant women in
clinical trials. Jama (320(20), pp.2077-2078 and 2018).
Lateef, R., Alaggia, R. and Collin-Vézina, D.,. A scoping review on psychosocial consequences
of pandemics on parents and children: Planning for today and the
future. Children and Youth Services Review (125, p.106002. and 2021)
Meiksans, J., and et.al. Risk factors identified in prenatal child protection reports. Children and
youth services review. (122, p.105905 and 2021).
Osanan, G .C., Vidarte, M. F. E. and Ludmir, J., 2020. Do not forget our pregnant women
during the COVID-19 pandemic. Women & health ( 60(9), pp.959-962. 2020).
Peddireddy, S. R., Austin, A. E. and Gottfredson, N.C Factors contributing to level and type of
child welfare involvement following prenatal substance exposure: a scoping
review. Child Abuse & Neglect (125, p.105484. 2022).
Vick, L., The role of guidelines and protocols in clinical negligence litigation: a solicitors
viewpoint. In Clinical Guidelines and the Law of Medical Negligence ( Edward
Elgar Publishing 2021).
Online
Compensation for Negligence in Maternity Cases. 2021. [ONLINE]. Available Through:<
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