The role of midwives in assisting pregnant mothers in childbearing has become increasingly important in America.
While their presence in hospitals is mainly working alongside nurses, certified midwives can operate as private practitioners.
Like other medical professionals, most states require a person to undergo training and owe patients a standard duty of care when working in the medical field.
That means certified midwives can be sued for malpractice if they are negligent in providing care.
You Need an Attorney
If your child has suffered injuries due to a midwife’s actions or inactions, you are within your rights to file a medical malpractice lawsuit to recover the damages suffered.
Like other malpractice lawsuits, the burden of proof for midwifery malpractice can be pretty high and requires working with an attorney with experience in childbirth injury lawsuits.
Unfortunately, hiring a lawyer for a medical malpractice lawsuit can be challenging because you want to get it right on your first try.
If you are not sure of who to entrust with seeking justice on your behalf, this Birth Injury Attorney from Wieand Law Firm LLC is an excellent choice.
They have vast experience recovering maximum compensation for victims after traumatic birth injuries.
Different Types of Midwives and Their Certification
Some states allow midwives to practice under other healthcare providers without certification, but most midwives in America are trained and certified.
Below are the four types of midwives you may come across and their certifications:
- Certified Nurse-Midwives (CNMs)
This is the most highly trained class of midwives. Their training covers nursing and midwifery, and they are American College of Nurse-Midwives certified.
- Certified Midwives (CMs)
This group gets their training and certification from the American College of Nurse-Midwives. Unlike their CNM counterparts, this group is only certified as midwives but not as nurses.
- Certified Professional Midwives (CPMs)
This group is the most common. CPM midwives are trained and certified in midwifery by the North American Registry of Midwives.
- Direct Entry Midwives (DEMs)
This group of midwives does not get formal training and is thus not certified. They learn midwifery mainly through apprenticeship. This group may be limited in the states they can work in because most states require some certification for midwives.
The Rules May Be Different For Midwives
When a mother chooses a midwife to facilitate their birth, they essentially place their trust in a health professional.
They expect the health professional to uphold the standard duty of care that a reasonable caregiver would offer under the same circumstances.
However, expectations for midwives are much lower than that of physicians in the eyes of the law.
For example, midwives are not qualified to perform life saving procedures such as performing a C-section, so they cannot be liable for injuries that result from a complication that a C-section could solve.
However, if their failure to refer or get in touch with a doctor while it was obvious that a mother needed a lifesaving C-section, they can be held liable for damages.
Also, different states may have different approaches to midwifery, with 20 states not having regulations for entry-level midwives.
If you suffer injuries in the hand of a non-licensed midwife, getting compensation can be a challenge.
However, your lawyer can look into the option of seeking damages by filing a lawsuit against the institution in which they work.
Malpractice Insurance
Like other medical practitioners, midwives are encouraged to carry malpractice insurance for protection against liability resulting from malpractice.
If a midwife is insured, you will be filing a claim against their insurer. If not, they will have to pay for damages out-of-pocket.
Malpractice lawsuits against midwives can involve significantly large payouts meaning an insured midwife may not manage to pay out of pocket.
Therefore, it is essential to ensure that your midwife of choice is adequately insured to be on the safe side.