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SLSA Blog by Louise Austin: Medical Treatment, Miscarriages and Consent

8-10 Berkeley Square, University of Bristol Law School, seen from the side.

Press release issued: 23 April 2018

On 27 March 2018 Louise Austin, Centre for Health Law and Society (CHLS) PhD student, presented a paper at the Socio-Legal Studies Association (SLSA) Conference in Bristol. The paper was co-authored with CHLS colleague Dr Sheelagh McGuinness and focused on research arising from the Death before Birth project.

Titled ‘Medical Treatment, Miscarriages and Consent’, the paper explores the current legislative framework for provision of information on, and consent to, options for disposal of pregnancy remains pre-24 weeks’ gestation.

In her blog post on the SLSA website, Louise explained:

“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.”

The paper, which will be published later this year, argues that that disposal of pregnancy remains should be seen as part of the continuum of medical treatment, and uses existing case law to overcome legislative gaps relating to informed consent on medical treatment.

Further details of Louise’s presentation can be found in her blog post on the SLSA website.

Further information

Louise Austin is a PhD Candidate in Law, Associate Teacher in Medical Law and the co-chair of the Institute of Medical Ethics Postgraduate Student Committee. Her research interests focus on the ethics, law and regulation of informed consent to medical treatment.

The Centre for Health, Law, and Society (CHLS) promotes cross-disciplinary and cross-sector perspectives on the impacts of law and governance on physical, mental and social wellbeing. Based within the University of Bristol Law School, the CHLS comprises leading scholars whose work focuses on wide-ranging practical areas from within and far beyond health care systems, including clinical medicine, reproductive care, mental health, social care, and public and global health.
For more information about the Centre and its members, projects and opportunities please visit the CHLS website.

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