Midwives can provide supportive, personalized care during pregnancy and childbirth. They often help mothers feel more empowered and informed throughout labor and delivery. However, midwives are still medical professionals who must follow accepted standards of care. When a midwife fails to provide safe, appropriate care and a mother or baby is harmed, it may be considered negligence or malpractice.
If you believe a midwife’s actions caused injury to you or your baby, The Becker Law Firm can help. Our attorneys have experience handling medical negligence and birth injury claims, and we know how to analyze medical records, consult trusted experts, and build strong cases. We will listen carefully, explain your legal options, and guide you through the process with compassion.
How Are Midwives Different From Medical Doctors?
Midwives are trained to manage low risk pregnancies and normal childbirth, but they do not have the same training or authority as obstetricians. They may have limits on the medical procedures they can perform and the types of complications they can safely manage. Because of these limitations, these professionals must recognize warning signs early and transfer care when necessary.
Not all childbirth specialists have the same training or legal responsibilities, and this distinction often determines who can be held accountable when something goes wrong:
- Certified Nurse-Midwives (CNMs): Registered nurses with additional midwifery training licensed to practice in clinical settings. They can prescribe medication and are expected to recognize when higher-level care is needed.
- Certified Professional Midwives (CPMs): Typically attend out-of-hospital births and may or may not have hospital privileges. Their responsibility includes clear risk assessment and timely transfer when complications develop.
- Traditional or Lay Midwives: Often practice outside formal licensing frameworks. When unlicensed midwives act beyond their training, both they and the institutions that allowed unsafe care may face legal exposure.
Because maternity care providers frequently collaborate with physicians, hospitals, or birthing centers, determining liability can require investigating multiple parties. The Becker team has pursued claims where midwives, supervising OB-GYNs, and facilities shared responsibility for failing to recognize fetal distress or respond to maternal emergencies in time.
What Qualifies as Midwife Negligence?
Medical negligence occurs when a midwife fails to provide the same level of care that another competent midwife would have given under similar circumstances. This breach of duty must directly cause harm to the mother or baby.
Examples include overlooking signs of fetal distress, giving the wrong medication or dosage, or delaying necessary medical intervention. When these oversights result in injury or complications, families may have grounds to pursue a medical malpractice claim.
Common Types of Midwife Malpractice
Pregnancy-related malpractice often involves situations where the midwife did not act quickly enough or did not follow proper protocols. Common types include:
- Delayed hospital transfer when labor becomes high risk
- Failure to detect fetal distress or oxygen deprivation
- Improper delivery techniques that injure the baby
- Inadequate postpartum monitoring leading to infection or hemorrhage
- Failure to diagnose preeclampsia or other dangerous conditions
- Incorrect medication administration or treatment errors
Even if the individual care provider did not directly cause the injury, failing to take appropriate action can still be negligence.
Serious Injuries Resulting from Midwife Malpractice
Midwife malpractice can result in serious and lifelong injuries to both mother and child. These may include:
- Birth asphyxia or oxygen deprivation
- Brain injury or cerebral palsy
- Fractures or nerve damage
- Infections or sepsis
- Maternal hemorrhage or organ injury
- Permanent disability or death
These injuries can require ongoing medical care, therapy, and long-term support, making legal compensation essential for families.
What to Do If You Suspect Midwife Negligence
If you suspect medical negligence, it is important to act quickly to protect your health and your legal rights. The following steps will help ensure you do not miss critical evidence or lose your ability to pursue compensation.
- Seek medical attention immediately for you and your baby: Even if symptoms seem mild, it is important to get checked right away. A medical evaluation can identify complications early and create a clear record of injuries that may be related to midwife negligence.
- Keep all medical records, bills, and discharge papers: Save everything you receive from hospitals, clinics, and specialists. This includes test results, doctor notes, invoices, and medication lists. These documents are essential evidence in a negligence case.
- Document symptoms, complications, and treatment timelines: Write down what happened, when it happened, and how you and your baby have been affected. Include details like pain levels, feeding difficulties, developmental concerns, or any additional treatments needed.
- Avoid speaking to insurance companies without legal advice: Insurance adjusters may contact you quickly after an incident. They often try to get statements that can be used to reduce or deny your claim. It is best to let an attorney handle all communication so your rights are protected.
- Contact The Becker Law Firm as soon as possible: The sooner you call, the sooner the firm can begin protecting your case. The Becker Law Firm can review your situation, explain your legal options, and help you understand what evidence is needed to build a strong claim.
If you suspect negligence harmed you or your baby, it is important to take action quickly. The Becker Law Firm can review your situation, help you understand your rights, and guide you through the process of pursuing compensation.
Proving a Midwife Negligence Case
Proving medical negligence requires strong evidence, including:
- Medical records and hospital charts
- Expert medical testimony
- Documentation of the standard of care
- Evidence showing the injury and its long-term impact
Our team works with trusted medical experts to build a clear case that shows how negligence caused harm.
Compensation for Midwife Negligence Victims
Victims of pregnancy-related negligence may be entitled to compensation for:
- Medical expenses, past and future
- Therapy and rehabilitation costs
- Pain and suffering
- Lost wages and future earning capacity
- Emotional distress
- Long-term care needs
Every case is different, and The Becker Law Firm helps families understand what damages may apply.
Do I Need a Lawyer for a Midwife Malpractice Case?
Medical malpractice cases, including midwifery negligence, can be complicated and difficult to prove. Insurance companies often deny responsibility or offer low settlements. Having an experienced attorney is essential to:
- Protect your legal rights
- Preserve important evidence
- Obtain accurate medical evaluations
- Negotiate fair compensation
- Prepare for litigation if necessary
How Our Firm Can Help With Midwife Negligence Claims
The Becker Law Firm has decades of experience in medical malpractice and birth injury litigation, earning recognition for landmark settlements involving obstetric and midwife-related negligence. Our approach combines a compassionate client-first approach with the medical and legal precision these cases demand.
If you believe a midwife’s actions or failure to act caused harm to you or your child, contact our Cleveland legal team at 216-480-4620 or contact us online. We can evaluate your records, explain your options, and help you protect your family’s future.
