Can you Sue a Midwife for Birth Injury?

A midwife is a trained medical professional who attends a woman’s childbirth and provides support during labor. This woman will be in charge of supervising the general care of women and children during the birth and after delivery.

Since the doctor is responsible for the most important procedures during this delicate process, the midwife’s role is mainly to communicate with the mother to be and help reduce the risk for complications occurring during childbirth. A midwife is not only trained in medical know-how but also taught to pay “special attention to the cultural values and personal preferences of the women in their care.”
When there is a loving and qualified midwife during a pregnancy, in theory, this should reduce the length of labor, the need for excessive medication and the possibility of cesarean delivery. Midwives are either certified by a national organization or are registered nurses working on certification.
Obviously, the qualified midwife is a very educated woman and one fully capable of helping a mother in need. Why then are there instances of malpractice when a medical staff should be ready and able to care for the mother and child?
According to the National Practitioner Databank, 484 cases of malpractice have been reported from 1999 to 2005. Midwife malpractice lawsuits generally stemmed from the following situations:

• Obstetrics (Medicine)
• Anesthesia
• Equipment or product problem
• Monitoring issues
• Surgery related issues
• Treatment relates issues
• IV and blood delivery

A midwife owes her patients the absolute best care. The failure to properly diagnose or treat a pregnant woman or a newborn baby could result in critical birth injuries. Some of the most common injuries reported are:

• Swelling and bruising
• Paralysis in part of the face
• Brain injuries
• Loss of muscle or nerve function

Remember that if your baby has suffered a brain injury like cerebral palsy then there may be no physical symptoms until nearly a year after delivery. However, don’t let this stop you from pursuing legal action. The statute of limitations can differ from state to state, so it is important to act quickly. In some courts, a parent only has up to a year after first noticing the symptoms to file a lawsuit. In other states, they may have 8 years. Even affected children, upon turning legal age, may have the right to sue for medical malpractice in some cases.
You can file a lawsuit against the midwife if there was negligence resulting in a serious birth injury. You should not have to pay for a nurse’s mistake for the rest of your life. Considering that brain injured children often require prescription medication and recurring treatment for the rest of their life, it’s only fair that the negligible party help pay for these costs.
If your child has been injured because of medical malpractice or negligence by a midwife then contact Rasansky Law Firm at (214) 651-6100 and speak to one of out Dallas birth injury lawyers. Allow us to help you fight for the wellbeing and financial security that your child rightfully deserves.