Earlier this month, Louise Austin presented a paper arising from research conducted on the Death before Birth project at the Socio-Legal Studies Association’s annual conference at Leeds University. Louise is a PhD candidate in Law at the Centre for Health, Law, and Society and Centre for Ethics in Medicine, University of Bristol, and has provided invaluable support to the project.
The paper, co-written with Sheelagh McGuinness, is provisionally titled ‘Medical Treatment, Miscarriages and Consent’. It explores a legislative gap concerning information provision and consent for disposal of pregnancy remains pre-24 weeks’ gestation and examines how case law could be used to overcome that gap. As Louise explains in her blog post on the SLSA website:
The paper arose out of research conducted as part of the Death Before Birth (DBB) Project, which examined the extent to which Human Tissue Authority (HTA) guidance on disposal of pregnancy remains has been incorporated into hospital policies. The guidance sets out different options for disposing of pregnancy remains and requires that women are informed of all options before their consent to disposal is sought. However, the DBB research revealed a wide variation between Hospital Trusts as to which options were offered, with women who miscarried at home often being excluded from information about disposal even when they had sought medical advice.
You can read her full post here.