Slubberdegullion - I dont think its ever been put to the test in a case like this (duty of care), but m/w are struck off or severely critisized at these tribunerals for fairly minor infringements, probably less than I have read on mn from some of the experiences that women here have had with their midwives.
I would imagine that the tribuneral would throw the book at any m/w who was sitting in the next room, after having been paid to care for the woman, as she bled to death, or the baby died due to undiagnosed fetal distress, or failed to act in case of shoulder dystocia. I really dont think that it would cut it, that the mother had asked the m/w to stay next door. Also by the time the shit hit the fan and the m/w was called away from her newspaper, she will be trying to retrieve a bad situation, rather than circumventing the potential problems, which is always much worse.
The duty of care would always be to save the mother first, but obviously, a single m/w is going to be really stretched if 2 things happen at once, eg flat baby and PPH. Thats why there are usually 2 m/ws at a hb.
I dont condemn or condone what she is trying to do, and I can understand why she wants this. As a m/w I always try to facilitate the requests of my patients, and as long as they are able to make an informed decision about their care, and I have documented this to cover myself, I am happy to go along with almost anything, as we are dealing with grown women who are empowered to make their own decisions. As a m/w, however, I would not be comfortable sitting in the next room, as I think it would expose me to an unacceptable risk of allegations of neglect. I would be happy sitting in the corner of the room, pretending to read the paper if you like, as even without looking at a woman, you can tell how they are doing just by the non verbal noises and the body language cues much of the time.
The worry I would have with no m/w present and the back up plan of 999, is that with all the books in the world, and all the knowledge, wtss will still probably not recognise a problem coming. By the time her dp calls an ambulance and it gets there, the problem will probably be resolved, one way or another.
Slubberdegullion, I hope this explains my opinion, sorry if its a bit long winded.