Midwives and Birth Injuries

By Rasansky McKenzie

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 both the woman and child during the birth and shortly 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 could 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 and certified nurses.
Obviously, the qualified midwife is a very educated woman (although sometimes a man) 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. Data shows us that most midwife lawsuits stemmed from some of 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 sometimes even a year after delivery. However, don’t let this stop you from pursuing your legal options. The statute of limitations can differ from state to state.  In some courts, a parent has 1-2 years after first noticing the symptoms to file a lawsuit. Even affected children, upon turning legal age, may have the right to sue for medical malpractice in some cases.
Even if your doctor tries to pass the blame for an incompetent midwife, you can still 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 negligent party help pay for these costs.
If your child has been injured because of medical malpractice or negligence by a midwife, then contact the Rasansky | McKenzie Law today at (214) 651-6100. You are fighting for the well-being and financial stability of your child. We have an extensive background in this area and our Dallas birth injury attorneys will provide you with a free consultation regarding your options moving forward.

About the Author

Anyone can hire a lawyer, but if you want to give yourself the best possible chance at success, call the experienced attorneys at Rasansky | McKenzie. You only get one chance to bring your case before a court. Let them put their expertise to work for you.