Can a midwife be legally responsible for a birth injury in Kentucky?

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A midwife meets with expectant parentsYes, if a midwife is negligent, then the midwife may be liable for any birth injuries that result from her negligence.

Most midwives in the United States are certified nurse midwives. Certified nurse midwives are licensed. They are independent medical providers, and they can prescribe medications. Many nurse midwives not only attend births, but also provide reproductive care and primary care medical services.

In 2014, the most recent year for which complete data is available, midwives attended to more than 332,000 births in the United States. More than 94% of these births happened in hospitals, with the rest occurring in freestanding birthing centers or in private homes.

Many women who choose midwives to help them with prenatal care, labor, and delivery do so because midwives tend to spend a longer amount of time with women at each appointment. Some expectant mothers also believe that midwives are more likely to respect their wishes regarding labor and delivery and to avoid unnecessary interventions.

But What Happens If Something Goes Wrong?

A midwife will be liable for any birth injuries that results from the midwife’s negligence. Midwives owe a duty to care to mothers and babies just as doctors, other nurses, and hospitals owe duties of care to mothers and babies. Thus, midwives —like doctors, other nurses, and hospitals —may be liable for any birth injuries that result from negligence.

More specifically, midwives will be liable for birth injuries if:

  • They owe the mother or baby a duty of care.
  • They breach that duty of care by failing to act like a reasonable midwife would act in a similar situation.
  • That breach of the duty of care causes injury to the baby. In other words, the baby would not have suffered the birth injury but for the midwife’s actions or inactions.
  • The injured party has the legal right to recover damages.

If your child has been hurt by a midwife’s negligence, then it is important to find out exactly what happened so that you can protect your child’s rights. Our experienced birth injury lawyers and our staff nurse can investigate to find out if the midwife was negligent and we can hold the midwife accountable for any injuries that result. This may include a significant recovery for your child for the injuries that your baby has already suffered and for the injuries that your baby may continue to suffer. 

Has Your Family Been Impacted By A Birth Injury?

If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.