Midwife Negligence

Medical Information Provided By: Dr. Krista Kurtyan, M.D.
Legal Information Provided By: Hartley Hampton, J.D. and Christopher King, J.D.

Medical Malpractice Lawsuits Against Midwives

In most cases, delivery of a baby by a family doctor or midwife does not result in any problems for the mother or baby. Unfortunately, if there are complications during labor and delivery, a family doctor or midwife may not be able to deal appropriately with the medical issues that arise. If your child suffered birth complications due to errors by a midwife or family doctor, contact Hampton & King.

We offer a free initial consultation to answer your questions about malpractice claims and explain your legal options. You may have the right to seek compensation to help pay for the medical needs that you and your child have now and in the future.

How Are Midwives Licensed & Regulated?

Licensed midwives (CPMs) in Texas are licensed and regulated by the Texas Department of State Health Services, Texas Midwifery Board. The laws governing midwives are outlined in the Texas Midwifery Act, Title 3, Subtitle C, Chapter 203 of the Texas Statutes. Midwives in Texas must renew their license every two years. There are also Certified Nurse-Midwives (CNMs). These CNMs are regulated by the Board of Nurse Examiners for the State of Texas (BNE). View a full breakdown of CPMs versus CNMs.

Many midwives and birthing centers carry malpractice insurance. If someone filed a lawsuit against a midwife or CNM for malpractice, a plaintiff victory would result in a payout from the midwife’s malpractice insurance. However, only two states currently require midwives to carry medical malpractice insurance – Florida, since 1997, and Indiana, since 2014.

A 2014 study found that births attended by midwives at home in the U.S. have about a 4-fold greater neonatal mortality rate (NNM) than those attended by midwives in hospitals.

Delivery Complications & Midwives / Family Doctors

Family doctors deal with a broad range of medical issues. In rural areas, family doctors may also be called upon to deliver babies. While some family practitioners may have training in obstetrics, others may not. Midwives have training in obstetrics and can deal with most issues that arise in labor and delivery. However, midwives are not doctors and should refer women to specialists such as obstetricians when there are complications related to pregnancy or childbirth. Midwives sometimes assist in home births or deliver babies in a hospital.

Examples of complications during pregnancy and delivery include the following:

Our Houston birth injury lawyers can carefully review all medical records from your pregnancy and delivery to determine if your family doctor or midwife made mistakes and should have called in a specialist to provide your care.

To discuss midwife malpractice or family doctor medical negligence, call (713) 489-0993 today.

Call (713) 489-0993 for your free case consultation.
Let us get you answers and review your options today.