Honey:

I think you simply show up as a friend. So long as you are doing nothing
that a non-licensed care provider ie massage therapist, AIN, then you should
NOT need indemnity insurance to be present. I am sure someone will correct
me if I am wrong(Please do!!)but it is my belief that independent midwives
who prior to the insurance debacle had hospital privileges no longer have
them BECAUSE they do not have PI cover.This is required of all professional
birth attendants be they midwives or doctors if they are not employees of
the hospital. So, when we follow a woman into hospital (whether as a
transfer or as the intended birth place) then we continue care ONLY as
labour support (friend) ie not as a professional midwife. It is quite
possible this private hospital thinks the "doula" is something she isn't. Do
remember you status is as a non-licensedcare provider and you can find the
limits of this on the Queensland Nursing Council website. I only know this
because as a direct entry midwife it is the only way I can legally care for
non-maternity patients in a Qld Hospital. I think the hospital will probably
have a policy on non-licensed care providers somewhere in one of their
manuals. You could ask to see this.

I do think you need to be very clear on your boundaries and so does your
client. In other words you cannot speak for your client only she and her
partner can do that.

marilyn


----- Original Message ----- 
From: "Honey Acharya" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, September 15, 2004 6:12 AM
Subject: [ozmidwifery] Legal Advice


> Can anyone point me in the right direction. I guess I am looking for a
> solicitor or someone that is able to give a legal opinion on the Doula
> agreement I have with clients. One of the Private hospitals here has
issues
> with Doulas working there, I assume it is from fear of being sued and the
> hospital being liable. I tried to contact Jo Morrisey who lectures at
James
> Cook Uni on Health Care and the law but he is on long service leave.
> They have written me a letter requiring my "professional Credentials and
> evidence that I have Indemnity insurance in the sum of $10m for any one
> claim and up to $20m in the aggregate per annum. I am not permitted to
> perform services of a professional nature at the hospital until these
issues
> have been addressed." I don't provide advice or opinions or perform any
> clinical or medical tasks and basically work in the same role as a mother
or
> sister or friend would support a woman at their hospital. The only real
> difference is I have a contract agreement with the woman and I receive
> payment for the service.
>
> I know Doulas work in Priavate hospitals without there being any issues in
> other parts of Australia. And what do independant midwives do about
working
> at private Hospitals. I am pretty sure when I birthed at Royal Women's
> hospital in randwick a year ago that Independant midwives were able to
work
> there with clients who hired them and wished to use the birthing centre.
And
> Midiwives can't get insurance so what do the hospitals do in that
situation?
>
> Please excuse me if this is not well written but I have been typing up
> letters to the editor and media releases pushing for better maternity
> services with one on one midwifery care for the last few hours and brain
is
> definately tiring.
>
> thanks in advance
> Honey
>
>
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