Abstract
Medical litigations are rising and becoming a global challenge. The
multilayered demands of midwifery-related conditions and the multiple responsibilities
of the midwifery team contribute to possible litigations. Midwife specialists in South
Africa are trained to provide specialised midwifery care to improve outcomes for
patients with midwifery-related complications. While midwife specialists are equipped
with specialised knowledge and skills, no specific practice regulations exist to protect
them against possible medical litigations.
Aim: The study aimed to explore and describe medico-legal experts’ experiences of
midwife specialists optimally utilising their knowledge and skills.
Setting: The context of the study is the public and private sectors of South Africa.
Methods: A qualitative, descriptive and contextual research design was employed. Six
medico-legal experts identified through a snowball sampling technique participated in
virtual, semi-structured interviews. Data were analysed using Collaizi’s descriptive
method.
Results: Three themes with subthemes emerged. Results confirmed that medico-legal
experts recognised the midwife specialists’ expanded knowledge and skill set. The
medico-legal experts experienced a disconnect between training regulations and the
current practice regulations. Midwife specialists’ practice was experienced as being
guided by a moral obligation rather than prescribed regulations.
Conclusion: Midwife specialists are yet to receive full legal recognition in South Africa,
challenging midwife specialists’ assumption of autonomous and independent roles.
Contribution: Midwife specialists face potential risk of involvement in medical
litigations under the current legislative framework. The findings of this study may guide
the formulation of a scope of practice (SOP) that legally guides midwife specialists’
practice in South Africa.