Using midwives during childbirth is becoming more and more popular. Since this is a newer trend, many people are not sure if the midwife can be held liable if the baby suffers a birth injury. The quick answer is “yes, a midwife can be liable.” However, California law treats a midwife or doula differently than obstetricians.
Midwifery is a valuable practice, but it is important to understand that not all 50 states grant them a license to practice. A Certified Nurse Midwife (CNM) is permitted to practice everywhere, but they are required to obtain nursing training in addition to the midwifery education from the American Midwifery Certification Board (AMCB). In many states, a midwife is required to be supervised by a physician, particularly if the patient will need medication to be prescribed.
California law allows midwives and CNMs to practice midwifery as long as they maintain a license with either the Medical Board of California or the Board of Registered Nursing. California midwives have medical standards that must be upheld, or they will put their license in jeopardy.
Midwife Birth Injury Claims
A midwife is limited on what he or she can do during a difficult birth. For example, most midwives do not have the qualifications to perform a life-saving surgical procedure such as a C-section. As a result of these limitations, a midwife must confer with a physician throughout your pregnancy and during the delivery process. A midwife must determine whether you require more intensive medical care than the midwife is qualified to provide.
If your midwife fails to uphold his or her obligations and causes a birth injury, the midwife can be held liable for your injuries and all damages suffered. Midwifery birth injury cases can be complicated, so it is important to confer with an experienced personal injury attorney.
Call (213) 351-3513 to speak with an experienced attorney at the Law Office of Alex Cha & Associates. Allow us to protect your rights during this difficult time. We are committed to providing great legal service with a personal touch.