Medico-Legal Risks for Midwives in South Africa: Navigating a High-Stakes Landscape
- Sydney Grove
- 2 hours ago
- 3 min read
As a midwife in South Africa, you are no stranger to high-pressure situations and life-changing moments. But are you adequately prepared for the growing medico-legal risks that now form part of everyday practice?
The Reality of Litigation in South Africa
Medico-legal claims against healthcare practitioners — including midwives — are rising sharply, both in South Africa and globally.
Public and private sectors are both affected, but claims frequently target private institutions because of perceived “deeper pockets”.
The Department of Health is currently facing contingent liabilities worth tens of billions of rands due to negligence claims, many of which involve obstetric and neonatal cases.
Midwives are increasingly finding themselves named in these claims, sometimes individually and sometimes jointly with obstetricians and hospitals.
Common Midwives Medico-Legal Risks South Africa
Birth-related complications Allegations of negligence in the management of labour, failure to recognise or act on fetal distress, shoulder dystocia, or hypoxic-ischemic encephalopathy leading to cerebral palsy.
Informed consent deficiencies Failure to properly counsel patients about material risks, alternatives, or obtain valid consent before procedures.
Documentation deficiencies Incomplete, late, or inaccurate partograms and clinical notes remain one of the weakest links in legal defences.
Systemic challenges in the public sector Understaffing, equipment shortages, and overwhelming patient loads are frequently cited, yet courts still expect individual practitioners to meet the reasonable standard of care.
Key Medico-Legal Pitfalls
When it comes to midwives medico-legal risks South Africa, three preventable issues repeatedly appear as the root cause of successful claims against midwives in both public and private practice:
Deviating from national guidelines and standard protocols Failure to follow ESMOE, MBFI, Saving Mothers recommendations, or the latest perinatal guidelines is one of the fastest ways to lose a case in court.
Communication breakdowns Poor or incomplete handovers between shifts, unclear communication with patients and families, or failure to document verbal discussions often turn manageable incidents into million-rand claims.
Practising outside your legal scope of practice Performing tasks or making decisions reserved for advanced midwives or obstetricians — even under pressure — remains a direct violation of the Nursing Act and SANC regulations, leaving you personally liable.
Practical Steps to Mitigate Risk
Stay current with national maternity guidelines and evidence-based protocols
Document contemporaneously, objectively, and comprehensively — your notes are your strongest defence
Communicate clearly and empathetically with mothers, partners, and multidisciplinary team members
Know when to escalate and call for help early
Maintain professional indemnity cover and continuing professional development (CPD) points
The Way Forward
Midwives remain the backbone of maternal and newborn care in South Africa. By remaining vigilant, informed, and proactive, you can significantly reduce your medico-legal exposure while continuing to provide exceptional, compassionate care.
Let us help you stay ahead of the risk.
Upcoming Event: Legal Risks & Mitigation Strategies for Midwives
Presented by Grove Mediconsulting (Pty) Ltd
Date: Friday, 13 February 2026 Time: 08h30 – 16h00 Venue: Blaauwberg Beach Hotel, Table View, Cape Town
Two specialist medico-legal attorneys and High Court-registered expert midwives will unpack real South African case studies, recent judgments, and practical risk-reduction tools you can implement immediately.
Full-day conference: R2 650 pp (includes all catering, CPD certificate & comprehensive delegate pack)
Spaces are strictly limited.
(Direct booking link to be inserted once the event page or payment gateway)
Protect your career. Strengthen your practice.
Join us.
Warm regards,
The Grove Mediconsulting Team
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