When Can A Midwife Be Held Liable For Medical Malpractice?

Midwives are registered nurses who have received additional training in obstetrics. They are typically hired to help deliver babies in place of OB/GYN doctors because of their constant hands-on, medicine-off skills. Women who want all-natural childbirths, home births and water births will typically hire a midwife to assist with labor and delivery.

On occasion, a midwife might do something that is out-of-the-ordinary. When he/she does something that does not seem right to you or something that you find disagreeable, you may have a medical malpractice case on your hands. There may be other things that go awry for which a medical malpractice case against a midwife is also valid. However, LipsigBronx.com also cautions  that medical malpractice is a very complex area of civil law, one which few patients can pursue alone.

The Midwife Causes Your Baby Irreparable Harm

Midwives are not supposed to cause you or the baby harm. Causing harm is the very definition of medical malpractice. If your baby is badly injured via its head, neck, shoulders or other part of its body, and it is found to be the midwife's fault and not just a weird birthing accident, you can sue the midwife. Likewise, if your baby suffers any long-term effects caused by the midwife's actions, you can sue for ongoing care of the baby as it grows into a child, adolescent and then an adult.

The Midwife Goes Against Your Birthing Plan

Regardless of where you give birth, there is always a birthing plan. This dictates your wishes for your own well-being, the baby's health and a successful delivery. If the midwife suddenly goes against any part of your birthing plan, such as to give you local anesthetics, you can sue. If the midwife also speaks to you in a way that belittles, harasses or shames you into doing something you were staunchly against, you can sue for that too. This is professional misconduct, which is also a form of malpractice.

You Personally Are Injured

If the midwife does anything that he/she is not licensed or trained to do and it causes you harm, that is also medical malpractice. For example, an episiotomy is a minor surgery that cuts the tough tissue between the vagina and the anus in order to give the baby's head more room to come out. A midwife is not licensed or trained to do this, and performing it rather than calling for help is illegal. It causes you harm too, when it is not performed by a doctor or surgeon, so you are entitled to compensation under the law.

If you have been involved in a Bronx medical malpractice contact our personal injury attorneys at: 

Lipsig, Shapey, Manus & Moverman
1392 Boston Rd
Bronx, NY 10456
(347) 475-1041