Den födande patienten - En rättsvetenskaplig studie om normkonflikter i förlossningsvården

Abstract

This study examines the legal status of patients within Swedish maternity care, focusing on the interplay between the legal framework and its practical implementation in healthcare settings. It contextualizes these issues through an empirical analysis of case files from the Swedish Health and Social Care Inspectorate (IVO) concerning maternity care between 2018 and 2021. Through this case-based analysis, the study identifies recurring themes and key legal challenges that emerge in practice. It explores how conflicts between patients and healthcare professionals are articulated, managed, and resolved within existing legal structures. The analysis is informed by a conceptual framework inspired by Anna Christensen’s theory of normative patterns, adapted to the maternity care context. In doing so, the study explores how patient rights and healthcare obligations manifest in practice, and how underlying normative tensions within the law shape these dynamics. The findings reveal significant tensions between legal norms and practical realities, particularly in the interpretation and application of core legal principles such as informed consent, self-determination and participation. These ambiguities highlight underlying normative conflicts embedded in the legal framework, as well as structural challenges facing maternity care providers. By exploring the intersection of the legal norms, medical norms, and clinical practice, the study contributes to a deeper understanding of the legal complexities in maternity care.