Liability in Maternity Care: What to Know

Questioner

I have an agency in maternity care. I mediate between client and self-employed maternity nurse. Now my question is who is responsible or can be held liable when an incident occurs? Am I, as an agency, liable/responsible or is it the self-employed maternity nurse?

Lawyer

You indicate that you mediate. That would mean that the maternity care agreement is ultimately concluded between the client and the self-employed person. If that is correct, then you are not liable in the event of an incident. That is only different if you have engaged a self-employed person who you know (from experience) is not sufficiently suitable for providing maternity care.