Research article summary (published 3 Sep 2006):

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

Full Abstract

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.

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Author information

Author/s: Newnham, Helen (H);

Affiliation: School of Nursing, Midwifery and Postgraduate Medicine, Edith Cowan University, Pearson Street, Churchlands, WA 6018, Australia. h.newnham(-atsign-)ecu.edu.au

Journal and publication information

Publication Type: Journal Article; Review

Journal: Women and birth : journal of the Australian College of Midwives (Women Birth), published in Netherlands. (Language: eng)

Reference: 2006-Sep; vol 19 (issue 3) : pp 61-4

Dates: Created 2006/09/11; Completed 2007/01/23;

PMID: 16911881, status: MEDLINE (last retrieval date: 12/26/2008)

Sourced from the National Library of Medicine. Abstract text and other information may be subject to copyright.

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MeSH headings (categories)

This article was linked to the MESH Headings shown below.

Australia Emergency Medical Services - legislation & jurisprudence Emergency Treatment Ethics, Nursing Humans Liability, Legal

Liability, Legal Midwifery - legislation & jurisprudence; standards Moral Obligations Nurse's Role Refusal to Treat - legislation & jurisprudence Social Responsibility

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