Bradshaw Law, LLC
Bradshaw Law, LLC

Suing a Midwife for Negligence

Suing a Midwife for Negligence

If you or your baby suffered injuries during the labor and delivery process, you may consider suing a midwife for negligence. Many mothers rely on midwives to assist with the birthing process. Some cases of medical malpractice have involved negligent midwives who failed to meet the standards of care in place for these and other medical professionals. It may be possible to sue midwives in Nevada for malpractice if they practiced negligent care.

What Do Midwives Do?

Midwives provide care to pregnant women during pregnancy, labor, and after delivery as well. They perform a wide range of medical services for women, including prenatal and postpartum care, confirming the pregnancy, identifying high-risk pregnancies, educating new parents on infant care, preparing pregnant women for childbirth, and various other tasks. They mainly give advice to pregnant women who require professional support and advice. Midwives help the mother-to-be make informed decisions about the services available to her during her pregnancy.

When Midwives Are Negligent

Many states in the U.S. require practicing midwives to be licensed, but some states, such as Nevada, only regulate specific types of midwives. In Nevada, only certified nurse-midwives (CNMs) are regulated. This comes with risks. Legally, anyone can claim to be a midwife in Nevada without breaking any laws. This can make it difficult to screen midwives prior to selection. Proving negligence can also be difficult if something goes wrong.

It’s possible to sue licensed midwives for malpractice if they are negligent, but patients will need to prove that the midwife was the direct cause of any injuries sustained during, before, or after birth. Like other types of healthcare providers, licensed midwives are required to practice a duty of care. If they fail to meet this standard of care and cause any type of injury to the mother or child, they can be subject to litigation.

It’s also important for individuals to understand that there are statutes of limitation around malpractice lawsuits, making it necessary to act fast. The statute of limitations for medical malpractice lawsuits in Nevada is three years after the date the injury was inflicted, or within a year of the date the injury was first discovered.

Injuries Caused by Midwives

Midwives can cause the same kinds of injuries that a doctor or other healthcare provider can. Injury or error can occur before, during, or after birth, and can include conditions such as:

  • Infection
  • Cerebral Palsy
  • Traumatic injury
  • Shoulder dystocia 
  • Brain injury
  • Failure to monitor the mother or fetus

There are many other types of injuries negligent midwives can cause. Some injuries can be caused by a failure to properly monitor the pregnant woman during her pregnancy, thus missing signs of something going wrong. 

How Malpractice Insurance Is Involved in Suing a Midwife

Licensed midwives often carry malpractice insurance to help protect them in the event of malpractice allegations. Midwives can choose from several types of malpractice insurance policies or professional liability insurance for midwives, which are based on the risk level present and the size of the practice.

Subsequently, when filing a medical malpractice suit against a midwife, parents may need to go through the midwife’s malpractice insurance agency. Otherwise, midwives without malpractice insurance may be required to personally cover all damages sustained due to malpractice.

If parents believe that a licensed midwife has caused birth injuries as a result of malpractice in Nevada, they can seek the help of a birth injury lawyer to sue for medical malpractice and seek compensation for related damages.

Learn More About Midwife Negligence and Birth Injuries

When Birth Injuries Leave Invisible Scars

Can a Birth Injury Lawyer Help with Birth Defect Claims?

Epidural Injuries During Labor? Here’s Who to Sue

What You Should Know About Shoulder Dystocia