{"title":"Autonomy undermined: how NHS institutional culture fails pregnant patients.","authors":"Mélinée Kazarian, Dani O'Connor","doi":"10.1093/medlaw/fwag027","DOIUrl":null,"url":null,"abstract":"<p><p>Maternity care in the UK continues to confront profound and systemic failings, despite decades of legal and ethical commitments to patient-centred care. This article demonstrates that these failings are not simply operational or episodic but stem from an entrenched institutional culture of paternalism that routinely suppresses women's autonomy. Drawing on major maternity inquiries alongside empirical studies documenting women's experiences of pregnancy and childbirth, the paper illustrates how women's voices are silenced, alternatives withheld, and concerns minimized-particularly for those from racialized or otherwise marginalized groups. These patterns reveal that autonomy, as currently conceived and practiced, remains largely procedural and illusory. The article argues that the dominant 'individualistic' model of autonomy cannot withstand the relational, emotional, and structural realities of pregnancy and childbirth, nor counter the gendered and hierarchical assumptions embedded within NHS practice. It proposes instead a shift towards a relational understanding of autonomy-one that recognizes vulnerability, prioritizes communication and trust, and situates decision-making within wider social and institutional contexts. Only by transforming the cultural foundations of maternity care can the promise of genuine autonomy and safe, respectful care be realized.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"34 3","pages":""},"PeriodicalIF":3.1000,"publicationDate":"2026-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC13452059/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medical Law Review","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1093/medlaw/fwag027","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Maternity care in the UK continues to confront profound and systemic failings, despite decades of legal and ethical commitments to patient-centred care. This article demonstrates that these failings are not simply operational or episodic but stem from an entrenched institutional culture of paternalism that routinely suppresses women's autonomy. Drawing on major maternity inquiries alongside empirical studies documenting women's experiences of pregnancy and childbirth, the paper illustrates how women's voices are silenced, alternatives withheld, and concerns minimized-particularly for those from racialized or otherwise marginalized groups. These patterns reveal that autonomy, as currently conceived and practiced, remains largely procedural and illusory. The article argues that the dominant 'individualistic' model of autonomy cannot withstand the relational, emotional, and structural realities of pregnancy and childbirth, nor counter the gendered and hierarchical assumptions embedded within NHS practice. It proposes instead a shift towards a relational understanding of autonomy-one that recognizes vulnerability, prioritizes communication and trust, and situates decision-making within wider social and institutional contexts. Only by transforming the cultural foundations of maternity care can the promise of genuine autonomy and safe, respectful care be realized.
期刊介绍:
The Medical Law Review is established as an authoritative source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in healthcare and the law.
The journal presents articles of international interest which provide thorough analyses and comment on the wide range of topical issues that are fundamental to this expanding area of law. In addition, commentary sections provide in depth explorations of topical aspects of the field.