It seems that Professional Indemnity insurance cover is soon to be compulsory for all independent midwives. The liability for independent midwives can be a difficult area, especially where independent midwives are working alongside NHS staff. They are not (as some people think) covered by the CNST scheme and the NHSLA has long advocated independent midwives obtaining their own PI cover.
The NHSLA has warned all NHS Trusts that independent midwives should not be responsible for patient care if the Trust wants to be sure of CNST cover. It is recognised that this is sometimes difficult to reconcile with patient wishes, sometimes strongly held. However, NHS Trusts (and the NHSLA) are unable to satisfy themselves that all independent midwives have sufficient quality or continuity of training, or that they will work in accordance with the prevailing hospital protocol (among the first things that any lawyer will consider when investigating likely areas for a negligence claim).
