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JOURNAL - New Zealand College of Midwives
JOURNAL
Being a delivery suite co-ordinator

Informed consent and midwifery practice
in New Zealand: lessons from the Health
and Disability Commissioner

A review of psychosocial predictors of
outcome in labour and childbirth

The vaginal examination during labour:
Is it of benefit or harm?

j o u r n a l 42
May 2010
JOURNAL - New Zealand College of Midwives
JOURNAL - New Zealand College of Midwives
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JOURNAL - New Zealand College of Midwives
Editor
                                                                   Contents
                                                                   Journal 42 • May 2010
Joan Skinner

Reviewers
Jacqui Anderson          Maggie Banks

                                                                                                                     6
Cheryl Benn              Sue Bree
Norma Campbell           Judith McAra-Couper         Editorial     The place of research in the quality and
Rea Daellenbach          Rhondda Davies                            safety of midwifery care
Deborah Davis            Jeanie Douche
Margie Duff              Kathleen Fahy (Aust.)
                                                                   Skinner, J.
Maralyn Foureur (Aus.)   Lynne Giddings
Andrea Gilkison          Karen Guilliland
Jackie Gunn              Marion Hunter

                                                                                                                     7
Karen Lane               Debbie MacGregor
Ruth Martis              Robyn Maude
                                                     New Zealand   Being a delivery suite co-ordinator.
Marion McLauchlan        Jane Koziol-Mclean          Research
Suzanne Miller           Lesley Page (U. K.)                       Fergusson, L., Smythe, L., McAra-Couper, J.
Sally Pairman            Jean Patterson
Elizabeth Smythe         Alison Stewart
Mina Timutimu            Sally Tracy (Australia)
Nimisha Waller

                                                                                                                     12
Philosophy of the Journal                            PRACTICE      Informed consent and midwifery practice
Promote women’s health issues as they relate to      ISSUE         in New Zealand: lessons from the Health
childbearing women and their families.
Promote the view of childbirth as a normal                         and Disability Commissioner.
life event for the majority of women, and the
midwifery profession’s role in effecting this.                     Godbold, R.
Provoke discussion of midwifery issues. Support
the development and dissemination of New
Zealand and international midwifery research.

Submissions:

                                                                                                                     17
All submissions should be submitted electronically   PRACTICE      A review of psychosocial predictors of outcome
via email to joan.skinner@vuw.ac.nz For queries      ISSUE         in labour and childbirth.
regarding submission please contact:
Lesley Dixon                                                       Howarth, A., Swain, N., Treharne, G.
PO Box 21 106
Christchurch 8143
Fax 03 377 5662 or Telephone 03 377 2732
practice@nzcom.org.nz

                                                                                                                     21
                                                     PRACTICE      The vaginal examination during labour: Is it of
Subscriptions and enquiries:
Subscriptions, NZCOM,
                                                     ISSUE         benefit or harm?
PO Box 21-106, Edgeware,
Christchurch 8143                                                  Dixon, L., Foureur, M.

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The New Zealand College of Midwives Journal
is the official publication of the New Zealand
College of Midwives. Single copies are $7.00
ISSN.00114-7870
Koru photograph by Ted Scott.
Views and opinions expressed in this Journal are
not necessarily those of the New Zealand College
of Midwives.
JOURNAL - New Zealand College of Midwives
EDITORIAL

The place of research in the quality
and safety of midwifery care
                                                      see the growth and dissemination of New             demanding role of the delivery suite
    Joan Skinner                                      Zealand midwifery knowledge, reflecting a           coordinator and how this role is experienced.
                                                      real growth in this particular tool for quality.    We also have a practice reflection on the
                                                                                                          place of the vaginal examination in labour
It is an interesting time for midwives in New         The growth of the Journal has also                  which looks at the careful balancing act
Zealand at the moment (isn’t it always?) as           necessitated bringing on some more support          we as midwives must undertake as we
the Ministry of Health begins to develop and          and I am pleased to be able to tell you that        assess both the benefits and harms of this
implement a Quality and Safety Programme              we have now appointed three new sub-                procedure. We have two articles by non-
for Maternity Services. Many of us have               editors. Ruth Martis, a midwifery lecturer          midwives in this edition. Both have a real
recently attended the regional workshops that         with Christchurch Polytechnic, Andrea               interest in aspects of maternity care. One
the Ministry held throughout New Zealand              Gilkison midwifery lecturer Auckland                looks at how we as midwives might grow
and were able to provide input into what we           University of Technology (AUT) and Jackie           our understanding of how we manage
value and what we are hoping for. It is always        Gunn midwifery lecturer and head of school          informed consent, a challenging topic. The
great to be keeping an eye out on how we are          (AUT) have kindly agreed to come on to              article examines reports of the Health and
doing- not only to improve the outcome for            the Journal team as sub-editors. I welcome          Disability Commissioner and helps us learn
the women and the families for whom we care           them with open arms and thank them for              about what is expected. We also have a
but also to identify what we are doing well,          their commitment. Apart from easing my              review, from a psychologist perspective of
so we can support and promote this. There             sometimes daunting work load this will also         the psychosocial factors that are important
are lots of ways to do this and the quality           mean that we can focus on really being able         during the childbirth experience. It is
and safety programme will hopefully support           to support more of you to get into print to         great to see such articles submitted to the
what we are doing well and improve and                share your research findings and practice           journal. As midwives we have a unique
integrate the process so we can both be seen          reflections. So do feel free to send me your        characteristic in that we place a high value
to be providing high quality care and to be           submissions knowing that we will endeavour          on the importance of accessing and assessing
working on improving it. Another important            to get your work ‘out there’. I would also
                                                                                                          knowledge from many different perspectives.
way we work towards improving the quality             like to welcome and acknowledge the work of
                                                                                                          Along with the knowledge we generate
and safety of care is to undertake research           Rhondda Davies who has made the kind offer
                                                                                                          from our own research and reflections, we
and to reflect on how we are practising and           of proof reading the Journal before it goes to
                                                                                                          also value the knowledge we acquire from
to share the results of this. The Journal plays       print. This is always a real challenge so it will
                                                                                                          our own experiences and from those of the
an important role in our ability to share our         be great to have a keen set of eyes to pick up
                                                                                                          women for whom we care. But we also
thoughts and findings and thus is a key tool          what needs fixing. Thanks to you all.
                                                                                                          source knowledge from other disciplines
in our ‘quality and safety’ toolbox. I have
                                                                                                          such as social science, neuropsychology,
been noticing lately how often articles from          In this edition of the Journal we have four
                                                                                                          epidemiology, bioethics, even architecture,
this journal have been cited by others writing        papers. The first is a piece of midwifery
                                                                                                          to name just a few. We value and make good
here. It is very gratifying and exciting to           research that looks at the complex and
                                                                                                          use of knowledge diversity. We are in a sense,
                                                                                                          knowledge synthesisers, able to source and
                                                                                                          make use of different ways of knowing and
    Erratum                                                                                               understanding. It’s great that we are able to
                                                                                                          acknowledge this role in the Journal, growing
    We would like to apologise for typographical      New Zealand College of Midwives Journal 41
                                                                                                          our understandings of what is important as
    errors made during publication of the paper:      20-26. In the paper Figure 2 was incorrectly
                                                                                                          we seek to support and extend the quality and
    Midwives care during the Third Stage of           formated and caused errors in the text related
                                                                                                          safety of the care we provide.
    Labour: an analysis of the New Zealand            to this figure. These errors have been corrected
    College of Midwives Midwifery Database            and an updated version of this paper has been
    2004-2008 by Dixon, L., Fletcher, L., Tracy,      placed on the NZCOM website in the Journal
    S., Guilliland, K., Pairman, S., and Hendry, C.   publications. Cinahl has also been supplied
    published in the October (2009) edition of the    with a corrected version.

6        New Zealand College of Midwives • Journal 42 • May 2010
JOURNAL - New Zealand College of Midwives
NEW ZEALAND RESEARCH

Being a delivery suite
co-ordinator
                                                     INTRODUCTION                                           the happenings during her shift so she can
   Authors:                                                                                                 anticipate and forward plan (Draycott, Winter,
                                                     The tertiary hospital delivery suite coordinator       Croft & Barnfield, 2006).
   • Lindsay Fergusson MHSc (Hons), RM, RN,
                                                     is not only an expert midwife she is also a
     ADN. Midwife/Nurse Educator, Waikato
                                                     leader, a broker, a mediator and a peacemaker.         BACKGROUND
     Hospital, Hamilton.
     E mail: wade.lindsay@slingshot.co.nz
                                                     Her workplace is one of the focal points within
                                                     maternity units where midwives, obstetricians,         There are daily pressures on hospital midwives
   • Liz Smythe PhD RM RGON                          and other staff come together as a team to             whose work situations are influenced by the
     Associate Professor                             provide the best care available to mothers             current worldwide shortage of midwives.
     Auckland University of Technology               and babies. It is in this workplace that the           At the time this study was conducted New
                                                     coordinator midwife acts as the ‘pivot’ or the
                                                                                                            Zealand statistics revealed a national midwifery
   • Judith McAra-Couper PhD RM RGON                 ‘hub’ for everyone and everything that happens
                                                                                                            workforce shortage and an increasing national
     Auckland University of Technology               ‘on her watch’. The coordinator offers constancy
                                                                                                            birth rate (Department of Labour, 2006;
                                                     during the shift, utilising her skills to influence
                                                                                                            Ministry of Health, 2006; 2008a; 2008b).
                                                     the smooth and safe running of the unit whilst
                                                                                                            The majority of women give birth normally.
                                                     she is in charge.
                                                                                                            However the increasing medical, technological
Abstract
                                                                                                            and pharmaceutical advances in reproductive
                                                     This paper offers 'a voice' to these experienced
This phenomenological study was conducted                                                                   health impact on the provision of midwifery
                                                     midwives through the research findings
to reveal five midwives’ experiences of working                                                             care in tertiary hospital settings. Midwives
                                                     of a study that explored the meaning of
as coordinator/charge midwives in three                                                                     are caring for women requiring increasingly
                                                     the experiences of hospital delivery suite
tertiary hospital delivery suite settings. The                                                              complex care with a small but increasing
                                                     midwives who work in charge of their shifts.
findings reveal the unspoken, taken-for-granted                                                             minority of women becoming critically ill
                                                     Five coordinator midwives from three North
personal experiences of the coordinators. They                                                              (Billington & Stevenson, 2007). Skinner (2005)
                                                     Island tertiary hospital delivery suites were
describe themselves as the ‘hub’ or the ‘pivot’                                                             writes that “the midwife becomes a mediator
                                                     interviewed. The title of ‘charge midwife’ is
at their workplace. These midwives ‘know’ the                                                               between the woman’s risk framework, her
                                                     used in some hospitals. However to protect
unpredictability of childbirth and the challenge                                                            cultural position and that of the dominant value
                                                     anonymity the term ‘coordinator' has been
of managing escalating workloads. Their ability                                                             system, the technological approach” and goes on
                                                     used throughout this study.
to facilitate teamwork and their resilience in                                                              to observe “the authoritative knowledge stands
the face at times of seemingly insurmountable        Readers are introduced to coordinators                 with obstetrics” ( p.273). The coordinator
obstacles shine through.                             descriptions of what it feels like being in their      midwives in this study revealed their ability
                                                     leadership roles. One particular story will offer      to mediate between lifeworlds and strived to
However much managers plan staffing and bed          the reader specific insight into the challenges        maintain a midwifery focus in their daily work
ratios, the nature of childbirth – and therefore     and complexities of the role. While it may             as they worked with colleagues. The challenges
the intensity of the workload - is unpredictable.    appear a startling story of busyness, there were       of increasing birth numbers and increasing
Recommendations from this study include              other such stories within the study. Yet still the     complexity in a tertiary hospital setting, without
consideration of strategic planning by District      midwife coordinators were passionate about the         necessarily an increase in staff numbers, impact
Health Board's (DHB’s) for when the acute            role they played and committed to doing their          on the role of coordinating a delivery suite and
clinical needs of women in a delivery suite          very best to ensure safe practice.                     create hidden emotional work for coordinators.
outweigh the ratio of midwives available to
                                                     The coordinator is a leader. She is always             Midwifery is a caring profession. The
provide care for women. The coordinator
                                                     ‘on the floor’; forever present and accessible         partnership philosophy of care, that of
midwife needs to be free to utilise her clinical
                                                     to everyone. She experiences the daily                 being ‘with women’ lies at the heart of the
skills ‘on the floor’ whilst a designated resource
                                                     unpredictability of childbirth as she encounters       professional standards for practice for New
person arranges additional staffing cover for the
                                                     the “unknowness of the darkness” (Smythe,              Zealand midwives (Guilliland & Pairman,
unit.
                                                     2000, p19) of childbirth whilst working both           1994; New Zealand College of Midwives Inc,
                                                     ‘with time’ and ‘against time’ as events unfold,       2005). Hunter (2004) identifies the difficulties
                                                     sometimes at breathtaking speed. She reveals her       for some hospital midwives who adopt a ‘with
                                                     ‘need to know’ what is happening when she is           woman’ style of practice which can result
KEY WORDS:
                                                     in charge and how she gains that information           in an emotional struggle for the midwife.
Midwives, coordinators, clinical skills, teamwork    in order to achieve a ‘helicopter view’ of             Skinner (2005) questions whether hospital

                                                                                             New Zealand College of Midwives • Journal 42 • May 2010           7
midwives become focused on “the demands of            Midwifery practice encapsulates “skilled           They were encouraged to tell stories of their
the institution”, rather than on the woman            knowledge” and “emotional intelligence”            everyday experiences. Interviews were initially
(p.261). Similarly, Hunter (2005) describes           (Byrom & Downe, 2008, p.4). The hospital           transcribed then crafted into stories. The original
the reality for midwives in her study who             delivery suite is an environment where emotions    transcriptions and stories were returned to
worked in a way that ensured the needs of the         run high and as Davies (2007) poignantly           participants which gave them the opportunity to
institution were met by deployment of workers         writes “you bear witness not only to the baby’s    change or delete data. One participant deleted
and resources, in order to facilitate the efficient   emergence but to the emergence of the mother,      portions of stories which she felt could identify
“passage of women and babies through the              father and family” (p.45). Amidst all the          her. All data returned were brought together and
maternity care system” (p.257). Organisational        challenges of working as a coordinator midwife     themes were revealed by delving deeply into the
constraints which impinge on midwifery                is the huge significance of the experience of      stories through a process of writing and re writing
work are reinforced by Walsh (2007) who               birth for each family on her shift.                and “moving dialectically between the part and
identifies factors including the pressures of                                                            the whole” (Koch, 1996, p.176). This process is
time, institutional constraints, regulations                                                             termed "phenomenological reduction" (Caelli,
and bureaucratic power differentials both
                                                      RESEARCH DESIGN                                    2001, p.276).
between professional groups, and also between         The findings reported in this article are
professionals and women within the hospital           from a study which used an interpretive            Ethical approval for this study was granted
system. The coordinator midwife thus                  phenomenological, hermeneutic approach             by Auckland University of Technology Ethics
holds the tension of preserving a midwifery           guided by van Manen (1990). Van Manen              Committee in February 2008
philosophy of care amidst a system that               writes that phenomenology “attempts to
demands efficiency.                                   explicate the meanings as we live them in our
                                                      everyday existence, our lifeworld” (1990, p.11).
                                                                                                         FINDINGS
Within this work environment where there is           Phenomenology does not seek to generalise          Insights from this study are presented firstly as a
uncertainty and risk, positive relationships and      meanings, rather it reveals the life experiences   series of similes that participants used to capture
effective communication are vital. Hierarchical       of those interviewed and seeks to articulate the   the nature of the role, and then through a story
issues exist in the delivery suite setting and
“any particular decision may be the subject of
dispute, negotiation and occasionally pulling
of rank” (Lankshear, Ettorre & Mason, 2005,                 WITHIN THIS WORK ENVIRONMENT
p.374). Isa et al., (2002) offer an example of
the responsibility and confidence required when          WHERE THERE IS UNCERTAINTY AND RISK,
a midwife challenges a consultant’s decision.
They explain that “it takes one with a strong            A POSITIVE RELATIONSIP AND EFFECTIVE
sense of confidence in her own practice and
decision making ability, and to be absolutely                 COMMUNICATION ARE VITAL
within boundaries of safety. It would take only
one mistake to undo years of gain and we are
always very aware of that, consequently we            nature of ‘how it is’ to be. Van Manen charges     that reveals the busyness that can arise within
must be certain of our decision making” (p.26).       the researcher to choose a study which requires    the birthing environment.
As a result, a midwife with less experience and       commitment and interest and this means
confidence is less likely to voice her opinion        the researcher inevitably holds pre conceived
(Timmins & McCabe, 2004). The issues of               ideas about the phenomenon. In keeping
                                                                                                         ‘Being’ a coordinator
communication that surround decision making
                                                      with his methodology the primary researcher
                                                                                                         midwife is like:
during her shift are a daily challenge for the
                                                      initially had a tape recorded interview with her   For the participants in the study being a
coordinator midwife.
                                                      supervisors, which was transcribed. The primary    coordinator midwife is an experience of
                                                      researcher then analyzed and interpreted her       complexity in a context that is ever changing.
Management of emergency situations is a
                                                      beliefs in order to address and be mindful         New admissions can arrive at any time.
regular part of a hospital midwife’s professional
working life. Thompson (2003) describes the           of her assumptions before she commenced            Emergencies, threatening the life of mother
negative impact of emergency situations when          participant interviews. Throughout the study, a    and baby, happen. There is often not enough
“caregivers spend the majority of their focus         reflective journal was maintained by the primary   staff to meet the demands. It is this uncertain,
on the people directly involved and impacted          researcher to stay focused and true to the         potentially chaotic set of circumstances that the
by the incident and fail to pay attention to          methodology.                                       coordinator is challenged with while managing
their own needs” (p.1). There is literature                                                              her shift. The coordinators described in a variety
which describes support available for midwives        Participants from three North Island tertiary      of ways what the experience is like:
(E.A.P., 2009; Smythe & Young, 2008; Weil,            hospital delivery suites were recruited using
2008). However, Deery (2005) writes there             purposive sampling. As phenomenology requires
                                                      detailed descriptions from a small number of       Being ‘the Hub’
is minimal research which addresses how to
alleviate the burnout and stress which exists         participants, five coordinators who offered a        Being the coordinator feels as though I am the
within the midwifery profession. Coordinator          large volume of experiences were interviewed         hub and I am in the centre of a circle with
midwives require resilience to stay working in        once, with the interviews ranging from 60-90         the multidisciplinary team who surround me
such an environment.                                  minutes. Each was assigned a pseudonym.              each doing their jobs.

8       New Zealand College of Midwives • Journal 42 • May 2010
By coordinating I am giving directions and              how Alice reacts to this persistent pecking and          a sense evoked that babies have just ‘fallen out’
  receiving directions. Directions travel in              sustains herself that reveals her leadership skills as   with ease in her workplace where women often
  and out of the circle. I am at the interface            a coordinator.                                           require intervention and assistance for birthing.
  when directions come into the circle and as a
  coordinator I send directions out. It is a constant                                                              Jane offers a story when she has time to sit and
                                                          ‘Solving the puzzle’
  in out interplay of communication with                                                                           discuss forward planning with a registrar and
  colleagues about a variety of topics ranging from       Sally uses a different analogy for describing            anaesthetist about the care of a woman with
  clear instructions to practice directives to positive   her work:                                                complications with the 'luxury of time to discuss
  reinforcement. The coordinator is constantly in                                                                  things' and reflects:
                                                            I like coordinating because I enjoy being in
  the middle of everything that is going on (Irene).
                                                            control and seeing all the mess come together.
                                                                                                                     It was good because we had a three way
As the coordinator, Irene is pivotal to the smooth          I enjoy having a great big puzzle that I
                                                                                                                     discussion about how it was going to be safest
and safe running of the delivery suite during               can fix and bringing everything together
                                                                                                                     for the woman. It was nice to have the time
her shift. There is a sense of fluidity in her work         at the end of a shift, then knowing it all
                                                                                                                     to know that the three of us, each with a
and of weaving threads together to make things              came together really well. Where I work, the
                                                                                                                     different focus could sit down and talk about
whole. Effective communication skills are the               difficulty is the staffing shortages and when
                                                                                                                     what could be the best outcome.
                                                            the puzzle just doesn’t fit together.
basis of her management style. Her ability to
listen and respond appropriately shines through                                                                    The unhurriedness of the shift gave Jane the
                                                          Sally enjoys being in charge, being “in control”
in her descriptions of working with colleagues.                                                                    gift of time to focus on collaborative planning;
                                                          and being a decision maker. This is not ‘just’ a
She gives and she receives with no sense of a                                                                      this was a luxury rather than the norm for her
                                                          puzzle; rather it is “a great big puzzle”. Fixing a
power play conveyed in her interview.                                                                              and something to be valued. Like Alice, her
                                                          puzzle takes resoluteness, patience, determination
                                                                                                                   ‘good day’ is also when there is no sense of
                                                          and persistency. It is only at the end of her shift
‘Being the pivot’                                                                                                  time constraint, with time ‘flowing’ rather than
                                                          that she is able to reflect and feel the satisfaction
                                                                                                                   ‘racing’, where midwives and colleagues have
Alice speaks about ‘being the pivot’:                     of fixing the puzzle, in the knowledge her
                                                                                                                   time for each other, where there is nurturing,
                                                          achievements directly relate to safe practice for
                                                                                                                   caring, teamwork and fluidity in the day and an
  You try to make the system work and I think             staff and safe delivery of care for clients. These
                                                                                                                   absence of undue tension.
  you are a very pivotal person in that respect.          puzzles are not easy and sometimes the pieces
  I was saying the other day “what do I really            are not all there; she does not complain, rather
  like about my job?” because I do nothing but            she reflects on the ‘difficulty’ she faces when the      In the Eye of the Storm
  moan about it. I like being a pivotal person            puzzle does not fit. Something that is difficult to      Coordinators know they are working in a high
  that things happen around; I get a buzz out             fix is not necessarily impossible and that is her        risk environment with the unexpected often
  of that I suppose.                                      enjoyment factor.                                        revealing itself with no warning. Storms are
                                                                                                                   unavoidable parts of life experiences to which
There is almost a sense of love/hate feelings                                                                      we each react differently. Irene remarks:
                                                          Experiencing ‘the plop, plop, plop
for her job such are the swings of emotions
                                                          of a good day’
for Alice. She identifies her work as ‘people                                                                        It makes me think about a movie I once saw
management’ in what is often a stressful                  Within the phenomenon of lived space for
                                                                                                                     about a storm. Part of me always remains
environment. At the same time, she is the                 coordinators, Alice describes how it feels on a
                                                                                                                     in the centre of the storm even though there
professional who is central to everything                 good day:
                                                                                                                     may be times when I am weaving in and
happening in the delivery suite, which is                                                                            out of the storm with everybody around me
                                                            A good day is when you’ve come away feeling
exhilarating and stimulating for her.                                                                                moving too.
                                                            good. When there have been lots of deliveries,
                                                            they’ve all been normal, there’s been lots of
‘Feeling the peck, peck, peck’                              midwife led deliveries around the place and            Irene’s analogy fits well as she describes partly
                                                            it’s all just been straight forward, plop, plop,       being centred in ‘the storm’ but in reality, never
Alice continues:
                                                            plop and the midwives are all happy because            still as she multi tasks and moves in time to the
  There’s the phone, and then people at you                 they’ve had nice midwifery care. It’s not been         rhythm of the happenings of the unit and the
  the entire time, peck, peck, peck of being the            too busy so everyone’s had a chance to sit             colleagues she works with. Smythe and Norton
  pivot. Some days it’s fine but when you’re                in the coffee room and have a laugh and a              (2007) write “thinking leaders live a back-and-
  busy it becomes hard to deal with and gets                cup of tea which is important. When things             forthing, drawn to lead and pulled back to
  frustrating especially when it’s not necessary.           have flowed, there have been lots of normal            follow, to being with and then to being alone,
                                                            deliveries and nothing bad has happened or             prompted to act and cautioned to wait” (p.76).
How Alice reacts to people and situations is                if it has, if there has been an emergency, it’s        Irene has no control over what ‘is’ or what ‘may
critical to the smooth running of the shift and             been dealt with well; that’s a good day.               be’, rather she is a player in life’s events as they
ultimately reflects on safe care for mothers and                                                                   unfold in her workplace.
babies. Her description of being ‘pecked’ is              Everybody needs good days. In tertiary delivery
effective and conjures up an unpleasant sense of          suites every day is unpredictable. Irene spoke
                                                                                                                   A PARTICULAR SHIFT
being worn down by the persistency of people,             about the need to look at the positives and here,
each with their own agenda. However there is              Alice describes the positives that help to make          All of the experiences described above come
also a sense that this is an integral part of her         her and her staff feel good. Her description of          together as parts of the whole in Jane’s story.
role and something she has to manage. It is               good days is when there is normal birthing with          Her story was chosen because it reveals her

                                                                                                    New Zealand College of Midwives • Journal 42 • May 2010           9
level of multi tasking, her skill base and the           she arrived, so I cared for her because the         The LMC has the right to hand over care just
‘knowing’ she utilised to manage the challenges          LMC hadn’t arrived.                                 as her client has the right to an epidural but
that confronted her that shift. Midwives know                                                                neither are realities on this shift. Jane knows
the unpredictability of childbirth. Just as they         Amongst this I was worried about my                 this and has to manage this reality the best way
experience quiet shifts, so they experience              placenta praevia client who was bleeding. I         she can in trying circumstances. Jane knows the
relentlessly unexpectedly busy shifts which              hadn’t checked on her or the baby’s wellbeing       consequences of torrential haemorrhage with a
stretch them to their limits. This is the nature         because I was busy with the lady who was            placenta praevia and reveals her team approach
of tertiary hospital childbirth. This is a dramatic      trying to push her baby out. None of the other      to forward planning the ‘what if’s’. She knows
story, a day remembered because it was so                three midwives had had a break all night            she has no option but to care for the woman who
busy and so taxing, similar to those described           because I had my own patient load and I             has arrived on delivery suite in the second stage
by other participants. It is included not to             couldn’t relieve them. They were entitled to        of labour and is actively pushing. She knows she
argue “this is how it always is” but rather as           breaks but didn’t get them.                         should be checking on her own client but staffing
a reminder that this is how it can be. It is                                                                 shortages make this impossible. She knows no
                                                         By 6.30 am everything fell apart. The registrar
offered to encourage thinking as to the kind of                                                              one has had breaks all night which impacts on
                                                         had completed the caesar, the LMC’s client
strategies that could be put in place to address                                                             safe practice but there is nothing she can do about
                                                         who had been pushing needed assistance and
such situations:                                                                                             this. The pace remains frenetic. It is her knowledge
                                                         I agreed so the registrar went in there and
                                                         ventoused that baby. Unfortunately there was        base, based on her experience as a coordinator,
  On Sunday it was a twelve hour night shift,
                                                         no paediatric support for an instrumental           which helps her anticipate potential problems. She
  staff sickness on the antenatal floor, post
  natal was busy, and delivery suite staff had           delivery so that was me again. Fortunately I        is ready to resuscitate the baby who has birthed
  sickness. There were two off sick, so it’s the         had asked the anaesthetist to stay around. Just     by ventouse, she recognises the need for assistance
  situation of how many inpatients have they             as well because the baby came out rather flat       from the newborn unit and she responds to the
  got in the ward and who I can pinch to                 and took a couple of minutes to pick up, so we      postpartum haemorrhage situation by transferring
  cover. I had four midwives plus a registered           got the newborn unit down to assist. Just as I      the woman to theatre at speed.
  nurse on delivery suite which was a luxury.            had the nurse practitioner from the newborn
                                                                                                             Jane is working in the midst of great complexity.
  But, we ended up with all admissions being             unit and the anaesthetist helping me with
                                                                                                             She knows her limitations and reveals her fears
  previous caesars (sic) with their midwives not         that baby, the LMC had arrived for her client
                                                                                                             of the ‘what ifs’ of her job. She has no control
  accompanying them.                                     who was fully dilated and pushing by that
                                                                                                             over the unexpected; all she can do is respond
                                                         stage. She double belled from her room so I left
  I ended up coordinating, three midwives                                                                    and utilise her knowledge to make the situation
                                                         the anaesthetist and NNP [Neonatal Nurse
  ‘specialing’ women in labour, one on synto                                                                 as safe as possible under the circumstances.
                                                         Practitioner] with the baby, and jumped into
  (sic), one with an epidural and one with                                                                   Heidegger (1927/1962) writes of thrownness,
                                                         that room. The woman had quite a major tear,
  synto and an epidural, and I cared for a                                                                   where one is thrown into a world where one
                                                         so she was rushed straight down to theatre.
  twenty nine weeker with placenta praevia.                                                                  must respond, with all the understanding of
                                                         Then the day staff arrived and said “We’re
                                                                                                             how the situation could get even worse, and all
  So I had a patient load as well as                     ready for a handover, do you think you could
                                                                                                             the anticipation of possibilities still unrevealed.
  coordinating and ensuring safe staffing for            come?” “Yeah, sure I’ll find time”.
                                                                                                             One struggles to manage the unknown,
  the night for the block. Once it was sorted                                                                especially when there are no extra resources to
                                                         When I have enough staff to cope with
  out you start thinking ‘I hope nothing comes                                                               employ. When one is stretched beyond capacity
                                                         everything I enjoy coordinating. The times
  in overnight because I don’t have anybody
                                                         I don’t enjoy it is when you know there is          one deals with what ‘is’, responding to the most
  else to give’. Then of course an LMC [Lead
                                                         absolutely nothing, nothing, nothing left and if    urgent, yet always knowing an unsafe situation
  Maternity Carer] wanted to hand over at
                                                         one more thing comes through the door it would      may be unfolding with no one there to see.
  around 4am for an epidural for her client. I
  didn’t have anyone and had to say “you are             tip you over the edge. I just hate those times
                                                                                                             Coordinator midwives are all too familiar with
  going to have to explore other choices for your        because I’m really frightened that something
                                                                                                             the unsafe situations they and their colleagues
  client because an epidural is not a choice”.           awful is going to happen because there is no one,
                                                                                                             can find themselves in. It is nobody’s fault.
                                                         absolutely no one to care for the woman.
                                                                                                             Nobody could have predicted such a busy shift
  Then my client started to bleed, with the
                                                       Jane’s story reveals the busyness and the             with so many at risk situations. Everybody
  complete praevia at 29 weeks. Is she going to
                                                       complexities of coordinating on delivery suite.       does their very best, often under stress and
  come unstuck, bleed and then deliver? Where is
  the best place for her to be delivered? So I am      Her decision making and her prioritisation is         exhaustion. On most occasions enough safety
  working through these scenarios with the registrar   based on her knowledge and experience. Her            is maintained to get through, but the fear
  and anaesthetist as to what is safe for the woman.   first task when she starts her shift is to know the   remains. Yet, there is always the potential that
                                                       staffing situation of the entire unit and the skill   the coordinator finds herself in a situation
  By 6am just when we thought we had got               mix. Despite the busyness of the unit she has the     stretched beyond what she knows is safe care.
  through the night quite well one woman               added challenge of having to provide midwifery        Such is the nature of the work.
  had to go for a Caesar(sic) which was okay           care for a woman in a high risk situation.
  because she already had a midwife and our                                                                  The midwives in this study were all very aware
  RN[Registered Nurse] would scrub. But                Jane’s decision making reveals her ‘knowing’          of the huge responsibility they carried, and their
  at the same time, the woman who couldn’t             that there is huge uncertainty with women in          commitment to the birthing women. Irene sums
  have the epidural started pushing and                labour and that she always needs to be prepared       up her sense of ‘being’ a coordinator midwife
  continued for quite some time. An LMC                to manage the unexpected. She knows what              where despite the busyness of the delivery suite
  rang to say she had a lady coming in who             might happen, she will never know everything          environment, her focus remains on the woman
  was going quite fast. The woman was fully            that could happen, however Jane reveals in her        'who has to carry the canvas of her experiences'.
  dilated and pushing on the doorstep when             story that she is continually thinking ahead.         She sums up her pivotal role when she remarks:

10      New Zealand College of Midwives • Journal 42 • May 2010
I am not 'just' a midwife. I am a midwife              technology work environment, increasing                          Caelli, K. (2001). Engaging with phenomenology: Is it
                                                                                                                           more of a challenge than it needs to be? Qualitative Health
  and that is my expertise.......my midwifery is         complexity of provision of care required by                       Research, 11(2), 273-281.
  inside me and if I don't bring it out it will be       women with co- morbidities, staffing shortages,
                                                                                                                          Davies, L. (2007). The art and soul of midwifery. Edinburgh:
  invisible; I practise by example.                      skill mix challenges, managing 'what is' and the                  Churchill Livingstone.
                                                         unpredictability of ‘what may be’.
Being a midwife is about supporting women                                                                                 Deery, R. (2005). An action-research study exploring
                                                                                                                           midwives’ support needs and the effect of clinical
and families to have safe, empowering birthing           It is the unpredictable nature of the delivery                    supervision. Midwifery, 21, 161-176.
experiences. However frenetically busy or                suite workload that presents challenge. Even the
                                                                                                                          Department of Labour. (2006). Midwife: Occupational Skill
luxuriously quiet the delivery suite may be, the         most competent practitioners cannot maintain                      Shortage Assessment. Wellington: New Zealand.
strength of these coordinator midwives lies in their     safe care in situations when there is not enough                 Draycott, T., Winter, C., Croft, J., & Barnfield, S. (2006).
commitment to work with their midwifery, medical,        staff to ‘be there’ in every situation that                       Practical Obstetric Multi-Professional Training Course
and nursing colleagues to achieve that aim.              demands close watchful attention. There is no                     Manual. PROMPT Foundation: Bristol NHS Trust, UK.

                                                         way of predicting workload in terms of numbers                   Employee Assistance Programmes: EAP. Retrieved February
                                                         or complexity for any given shift. Coordinators                   27, 2009, from http://www.eapservices.co.nz/employee-
DISCUSSION                                                                                                                 assistance-programmes
                                                         need a mechanism whereby they can send a
                                                                                                                          Guilliland, K., & Pairman, S. (1994). The midwifery partnership.
This study reveals the ability of the five               message that extra midwives are needed ‘now’                      New Zealand College of Midwives Journal, 11, 5-9.
delivery suite coordinators to work alongside            to someone not responsible for the ongoing
                                                                                                                          Heidegger, M. (1927/1962). Being and time. Oxford: Basil
people, to work ahead of time and to                     clinical management of the unit, yet able to                      Blackwell.
project themselves into worlds of unknown                make that ‘happen’. The unpredictability of
                                                                                                                          Hunter, B. (2004). Conflicting ideologies as a source of
possibilities over which they may have little or         workload needs to be addressed with strategies                    emotion work. Midwifery, 20, 261-272.
no control. There exists an underlying level of          that are immediately responsive to meet the
                                                                                                                          Hunter, B. (2005). Emotion work and boundary maintenance
excitement, adrenaline rush, ‘buzz’ and sense of         required standards of safe care.                                  in hospital- based midwifery. Midwifery, 21, 253-266.
achievement in their experiences and how they
                                                                                                                          Isa, T., Thwaites, H., McGregor, B., Gibson, E., Earl, D., &
manage their shifts.                                     Finally, research is required on the resilience                    McAra-Couper, J. (2002). The Middlemore practice paper.
                                                         of coordinator midwives, the skills required                       Paper presented at the 7th Biennial National Midwifery
These women have the fortitude to manage                 to undertake the role, the support needed                          Conference, New Zealand.
‘what is’, their emotions of stress and angst            to maintain it and the sustainability of their                   Koch, T. (1996). Implementation of a hermeneutic inquiry in
disguised as they maintain a professional                role long term. Consideration of access to                        nursing: Philosophy, rigour and representation. Journal of
                                                                                                                           Advanced Nursing, 24, 174-184.
demeanour. They return to work shift after               professional support for coordinators is
shift with extraordinary commitment to a job                                                                              Lankshear, G., Ettorre, E., & Mason, D. (2005). Decision
                                                         required as part of coordinator midwives’
                                                                                                                            making, uncertainty and risk: Exploring the complexity of work
which poses immeasurable challenges. They are            employment contracts.                                              processes in NHS delivery. Risk and Society, 7(4), 361-377.
seen to be ‘doing’, ‘directing’ and ‘facilitating’
                                                                                                                          Ministry of Health (2006). Midwifery workforce. Wellington:
to get things done, always with the safety of            Being a midwife is the springboard from                           New Zealand Health Information service.
the woman and baby paramount. They seem to               which these women leap. Van Manen (1990)
                                                                                                                          Ministry of Health. (2008a). Maternity Action Plan 2008-
have the ability to cherish the good times when          writes that it is our sense of purpose in life                    2012: draft for consultation. Retrieved November 11, 2008,
all goes well yet also be anticipatory of situations     which sustains us. It is my hope that this                        from http://www.moh.govt.nz.
which offer no forewarning.                              study offers coordinator midwives ‘a voice’                      Ministry of Health. (2008b). Midwifery Workforce Summary
                                                         and will lead to an increased awareness and                       Results from the 2008 Health Workforce Annual Survey.
The challenges for coordinators include staffing                                                                           Wellington: Ministry of Health.
                                                         understanding of their work experiences
shortages and skill mix anomalies in their               which in turn will foster strategies to                          New Zealand College of Midwives Inc. (2005). Midwives
                                                                                                                           Handbook for Practice, Christchurch: New Zealand College
workplaces. Further, the nature of childbirth            maintain safe staffing levels, ensure staff                       of Midwives.
means that however prepared they may be,                 development, appropriate remuneration
                                                                                                                          Skinner, J. (2005). Risk and the midwife. Unpublished
there is always the potential for the unexpected         and give attention to coordinators’ personal                       doctoral dissertation, Victoria University of Wellington,
to present itself and for them to be stretched           wellbeing. A profoundly rich ‘heart and soul’                      Wellington, New Zealand.
to their limits or beyond; this is the nature of         of midwifery and a true intent to offer the                      Smythe, E. (2000). “Being safe in childbirth: What does it
being a coordinator.                                     best and safest of care to mothers and babies                     mean? New Zealand College of Midwives Journal, 22, 18-21.
                                                         shone throughout this study in spite of the                      Smythe, E., & Norton, A. (2007). Thinking as leadership /
Within this study, coordinators offered little           numerous and often daunting challenges the                        leadership as leadership. Leadership, 31(1), 65-90.
insight into how they manage the relentlessness          coordinators encountered.                                        Smythe, E., & Young, C. (2008). Professional supervision:
of working under such conditions and more                                                                                  Reflections on experience. New Zealand College of Midwives
questions than answers emerge. Is their work                                                                               Journal, 39, 13-27.
sustainable long term? Do coordinator midwives                                                                            Thompson, R. (2003). Compassion fatigue: The professional
possess resilient personalities? What and who                                                                               liability of caring too much. Paper presented at the 8th World
                                                         Accepted for publication March 2010
                                                                                                                            Congress on Stress, Trauma and Coping. International
are their support systems? Do they need or want                                                                             Critical Incident Foundation Inc.
professional support as a result of their experiences?   Fergusson, L., Smythe, L., & McAra-Couper, J.                    Timmins, F., & McCabe, C. (2004). Nurses’ and Midwives’
                                                         (2010). Being a delivery suite co-ordinator. New                   assertive behaviour in the workplace. Journal of Advanced
                                                                                                                            Nursing, 51(1), 38-45.
RECOMMENDATIONS AND                                      Zealand College of Midwives Journal, 42, 7-11.
CONCLUSION                                                                                                                van Manen, M. (1990). Researching lived experience. Ontario:
                                                                                                                            The Althouse Press.

Experiences of coordinator midwives working              References                                                       Walsh, D. (2007). Evidence-based care for normal labour and
                                                                                                                           birth. London: Routledge.
in tertiary hospital delivery suite settings             Billington, M., & Stevenson, M. (2007). Critical care in
                                                           childbearing for midwives. Oxford, UK: Blackwell Publishing.   Weil, S. (2008). Experienced midwives and their voluntary
have not been previously studied. This study
                                                         Byrom, S., & Downe, S. (2008). ‘She sort of shines’:              engagement in professional supervision. Unpublished research
reveals the pivotal role coordinators play when            midwives’ accounts of ‘good’ midwifery and ‘good’               paper, Graduate Diploma in Supervision, Waikato Institute
faced with a rising national birth rate, a high            leadership. Midwifery, 26 (1), 126-137.                         of Technology, Hamilton, New Zealand.

                                                                                                          New Zealand College of Midwives • Journal 42 • May 2010                       11
PRACTICE ISSUE

Informed consent and midwifery
practice in New Zealand: lessons
from the Health and Disability
Commissioner
                                                     Rights (the Code) may guide midwives in the        birthing and must uphold a woman’s right to
     Author:                                         challenging area of informed consent. Firstly,     free, informed choice and consent throughout
                                                     a search of the literature highlights potential    her childbirth experience, while accepting that
     • Rosemary Godbold, R.N. PhD
       Senior Lecturer, Health Care Ethics
                                                     barriers to informed consent in midwifery          women are responsible for the decisions they
       National Centre for Health Law and Ethics     practice. A background to the Code is then         make (NZ College of Midwives, N.D.). While
       AUT University                                provided and the Rights relating to informed       all ten rights in the Code relate to facilitating a
       Email: rosemary.godbold@aut.ac.nz             consent are considered. This includes an           client’s autonomous decision, Rights 5, 6 and
                                                     examination of selected cases which show how       7 specifically address effective communication,
                                                     the Health and Disability Commissioner (the        access to information and informed consent.
                                                     Commissioner) applies the principles relating
                                                     to informed consent to possible breaches of the
ABSTRACT                                             Code in the midwifery context and how the
                                                                                                        Barriers to informed
                                                     Commissioner’s opinions might inform practice.
                                                                                                        consent in midwifery
Informed consent appears to be a challenging                                                            practice
and sometimes problematic area of practice           This paper concludes by evaluating what can be
for midwives. It is not always clear, for            learnt from the Commissioner’s investigations.     Despite this emphasis on women’s autonomous
example, what amount of information                                                                     decision making rights in professional guidelines
is required to be supplied to women to                                                                  and in the law, the proportion of midwifery
                                                     Autonomy and informed
ensure fully informed consent. Similarly it                                                             complaints investigated by the Commissioner
                                                     consent
is unclear whether midwives can provide                                                                 - which relate directly to informed consent -
unbiased information, and what midwives’             In the current consumer focussed health care       suggest that this area of practice may be one
communication responsibilities are when other        environment, there is an ethical obligation for    of the most problematic. While the number
health care providers become involved in care        midwives to facilitate the autonomous choices      of complaints was very low overall, of the 41
and treatment decisions. This paper examines         of mothers. As Mill famously declared in 1861,     opinions published by the Commissioner
the Code of Health and Disability Services           autonomy is the right of individuals to self-      relating to complaints about midwifery practice
Consumers Rights and selected Commissioner’s         determination ‘over himself, over his own body     received after 2000, 21 investigated potential
opinions which consider potential breaches           and mind, the individual is sovereign’ (Mill,      breaches of the rights relating to informed
of the Code in relation to informed consent.         1972, p. 78). For a choice to be autonomous, it    consent (www.hdc.org.nz as at 26.8.09). The
Case analysis demonstrates how the principles        must be intentional, made with understanding,      2008 Midwifery Council report also highlights
relating to informed consent are applied in          without controlling influences and be made         a lack of informed consent and communication
the midwifery context, and examines how the          voluntarily (Beauchamp & Childress, 2001, p.       with clients as two of the themes from the
Commissioner’s opinions can offer practical          59). This highly prized ethical principle finds    35 complaints they received that year about
guidance to midwives.                                expression through the competencies for entry      professional conduct (Midwifery Council of
                                                     to the Register of Midwives. It is also embedded   New Zealand, 2008, p. 25).
                                                     in the New Zealand College of Midwives
KEY WORDS:                                           (NZCOM) Code of Ethics, and is given legal         A search of the international midwifery
Informed consent, autonomy, midwifery, Code          weight through the Code of Rights. Registered      literature highlights the difficulties in this area
of Health and Disability Services Consumers'         midwives must respect and support the needs        of practice. Skirton & Barr (2007) conducted a
Rights.                                              of women to be self determining, provide up        systematic review of the literature on antenatal
                                                     to date information and support women’s            screening and informed choice in the United
                                                     informed decision making (Competencies             Kingdom. Their main finding was that there
INTRODUCTION                                         1.7 and 1.10, Midwifery Council for New            was a danger that parents and professionals
This paper examines how New Zealand’s Code           Zealand [N.D]). Midwives must accept the           regarded screening tests as routine and
of Health and Disability Services Consumers'         right of women to control their pregnancy and      therefore not requiring a decision. Additionally,

12       New Zealand College of Midwives • Journal 42 • May 2010
midwives were not always sufficiently prepared      midwife’s bias; fear of litigation; and the power
                                                                                                            RIGHT 1      Right to be Treated with Respect
in terms of their knowledge, skills or attitudes    imbalance between patients and midwives.
to offer screening in ways that facilitated                                                                 RIGHT 2      Right to Freedom from
                                                    She urged midwives to take into account the
                                                                                                                         Discrimination, Coercion,
informed choice for parents. More recently          quality of the evidence on which they base                           Harassment, and Exploitation
Skirton and Barr (2009) surveyed both parents       their practice. Patronising approaches to               RIGHT 3      Right to Dignity and
and midwives and found that although parents        women (Kitzinger, 2006), the language and                            Independence
wished to have information about screening at       terminology used to transmit information                RIGHT 4      Right to Services of an
an early stage, many parents did not perceive       (Hunter, 2006) and midwives’ perception of                           Appropriate Standard
their second trimester scan as a method of          risk (Tupara, 2008) have all been implicated            RIGHT 5      Right to Effective
antenatal screening. Also, midwives lacked          in undermining women’s autonomous birthing                           Communication

accurate knowledge about screening and the          choices. In addition, commonly used methods             RIGHT 6      Right to be Fully Informed
conditions for which it is offered.                 for sharing information and promoting                   RIGHT 7      Right to Make an Informed
                                                    informed choices, such as leaflets, birth plans                      Choice and Give Informed
In his discussion about the roles of midwives                                                                            Consent
                                                    and education classes have been identified in
and obstetricians in informed consent in the                                                                RIGHT 8      Right to Support
                                                    the literature as insufficient (Deave & Johnson,
modern era, Longmore (2004) questioned the                                                                  RIGHT 9      Rights in Respect of Teaching or
                                                    2008; Lothian, 2008; Kitzinger, 2006;
value of antenatal education, suggesting that                                                                            Research
                                                    Longmore, 2004; Schott, 2003; O’Cathain,
‘informed compliance’ may be a more realistic                                                               RIGHT 10     Right to Complain
                                                    Walters, Nicholl, Thomas and Kirkham, 2002;
outcome than informed choice or informed
                                                    Bradley & Schira, 1995).
consent because of the way information                                                                    Figure 1: The HDC Code of Health and
is promoted. He challenged whether the              There is a paradox that while midwives fear           Disability Services Consumers' Rights
information given in prenatal education is                                                                Regulation 1996
                                                    of litigation has been cited as a barrier to
non-biased. Using the example of the risks of       informed consent (Stewart, 2006 and Austin            www.hdc.org.nz/the-act--code/the-code-of-
pelvic injury from vaginal delivery, he asked:      & Benn, 2006), problems with inadequate               rights/the-code-(full).
“Are women ever informed of these risks?”           informed consent can themselves become the
(Longmore, 2004, p. 7). Longmore raised             focus for complaint or litigation. An added           informed consent contributed to poor ethical
other important issues about when information       tension for midwives is that they have a dual         practices and a failure to deliver acceptable
is delivered and who is responsible for giving      professional responsibility to both the mother        treatment (ibid.). In response to the Report, the
information to enable informed consent. He          and the unborn child. The law in relation to          Health and Disability Commissioner Act 1994
asks if medical professionals can assume that       the status of an unborn child in New Zealand          (the Act) was passed. The Act was also necessary
women already have information from other           has been described as “unpredictable” (Peart,         because New Zealand's unique "no fault"
sources (i.e. through antenatal education) and      2006, p. 464), although a fetus does not              accident compensation scheme (ACC) leaves
whether fully informed consent is possible when     “generally become a person in the eyes of             health and disability service users with restricted
a woman is in labour.                               the law until it is born alive” (ibid., p. 452).      recourse to the courts and there was no formal
                                                    This is contentious and further discussion            complaints mechanism for consumers (Dew &
When investigating the influences on decision
                                                    is available elsewhere (see Peart, 2006). A           Roorda, 2001). The Act’s / Code’s purpose is
making about induction of labour in New
                                                    significant body of research demonstrates that        to promote and protect the rights of all health
Zealand, Austin & Benn (2006) echo concerns
                                                    women who participate in decision making              and disability service consumers ensuring fair,
about the lack of consensus on what constitutes
                                                    experience greater satisfaction, reduced labour       simple, and speedy complaint resolution when
informed consent. This seems justified given
                                                    and postpartum adjustment (Martin, 2008).             consumers’ rights are infringed (The Health and
their research findings. In their New Zealand
                                                    Although it may be controversial to suggest           Disability Commissioner Act, 2004).
study they interviewed 74 Lead Maternity
Carers (LMCs) and 79 women in the birthing          that women should always have complete
                                                                                                          The Code was developed by the Commissioner
suite prior to an induction of labour and           autonomy over their birthing experiences
                                                                                                          and enacted in 1996. Unlike the Health
found that the women had limited knowledge          (see for example Douche’s 2009 paper which,
                                                                                                          Practitioners’ Competence Assurance Act,
about the negative effects of induction             using a poststructuralist lens, examines the          which applies only to registered health
and that their participation in decisions to        construction of a ‘natural caesarean’ where           professionals, the Code applies to “any
induce labour was minimal. They also found          women may elect caesarean regardless of need),        person or organisation providing, or holding
disparities in the reasons cited for induction      in New Zealand, they have legislated rights to        themselves out as providing, a health service
between women, the LMC and consultant               effective communication, to be fully informed         to the public or a section of the public
obstetricians. Fears of litigation, and even the    and to make informed choices.                         whether that service is paid for or not.”
hospital booking system were influential when                                                             (www.hdc.org.nz/theact/theact-thecode). It
decisions were being made to induce labour.         Background to the HDC                                 confers ten rights on all consumers of health
These findings raise significant questions about    Code of Rights                                        and disability services in New Zealand and
poor communication, professional anxiety and                                                              places corresponding obligations on providers of
hospital systems as barriers to informed consent.   It is now over 20 years since the Cartwright          those services (Figure 1).
                                                    Report investigated poor research practices
Other writers add to this list of issues. In        for women with cervical cancer at National            The Commissioner’s role is to investigate any
considering the challenges for midwives in          Women’s Hospital in Auckland (Cartwright,             complaint or action that is, or appears to be, in
New Zealand Stewart (2006) identified the           1988). The Report highlighted violations of           breach of the Code (Section 14 (1) (e) of the
following factors that may influence informed       fundamental patients’ rights, concluding that         Act). Providers of health services are not in
consent: contradictory clinical guidelines; the     clinical freedom, peer supervision and a lack of      breach if they have “taken reasonable actions in

                                                                                           New Zealand College of Midwives • Journal 42 • May 2010          13
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