Q: Can I sue a midwife for malpractice if my baby was injured during my home birth?
Yes, in most cases, you can file a medical malpractice claim against your midwife. It really depends on your specific situation, though.
Midwives are becoming a popular alternative for pregnant women and can be present for hospital births or home births. Midwives are especially common for home births, as they bring a more personalized approach to the entire process and help women create individualized birth plans. Many midwives try to make childbirth an empowering, spiritual experience for both mom and baby and want it to be something "more" than your average delivery. Unfortunately, empathy and emotional support means nothing if you do not have medical support, as well.
There are two types of licensed midwives to choose from in the United States. Certified nurse midwives (CNM) are actual nurses, and most of them work in hospitals; most do not do home births because their liability insurance usually does not permit it. The most common type of midwife is a certified professional midwife (CPM), and they usually have not completed a grueling medical program. To achieve accreditation by the North American Registry of Midwives, they must have completed high school and either a midwifery school or an apprenticeship. There is also a 350-question, multiple-choice exam—and that's it.
If your midwife acted negligently before, during, or after the birth of your child, and it resulted in a birth injury, you may be able to file a medical malpractice claim. Contact Girards Law for a consultation, and we will evaluate your case completely free of charge. Call our law firm at 888-897-2762.