Malpractice Liability for Midwives: What You Need to Know

Midwives play an important role in providing healthcare to women and newborns during pregnancy, childbirth, and postpartum care. While most midwives provide safe and competent care, there are cases where they may be held liable for medical malpractice if their actions or omissions cause harm to the mother or child. In California, midwives are subject to certain laws and regulations regarding their practice and liability for malpractice that differ from traditional obstetrics, as the two professions are not treated equally under the law.

If you or your child were injured due to a negligent midwife, speak with the highly qualified lawyers at Eric Ratinoff Law Corp. We can assess the details of your claim to determine liability and fiercely pursue the compensation you deserve for physical injuries, medical expenses, lost wages, and other losses. 

What Is Medical Malpractice? 

Medical malpractice occurs when a healthcare provider, including a midwife, fails to provide care that meets the accepted standards of the medical community, and that failure causes harm to the mother or baby. To establish medical malpractice, you must prove the following elements of negligence: 

  • Duty of care: The midwife had a duty of care to the patient that met the accepted standards of care
  • Breach of duty: The midwife breached that duty by failing to provide adequate care 
  • Causation: The midwife’s breach of duty caused harm to the mother or the baby 
  • Damages: The patient suffered damages as a result of the breach of duty 

Filing a medical malpractice claim against a midwife is similar to filing one against another medical professional. A midwife is held to a strict standard of care, and their acts will be compared to the standard of care of their profession. 

At Eric Ratinoff Law Corp., we know how to prove each element of negligence by investigating the incident and obtaining evidence of a breach of duty. This may include interviewing medical experts, obtaining medical records, or other necessary records.

Midwife Practice Laws and Liability in California 

Certified Nurse Midwives are medical professionals who must receive nursing training along with a specialized midwifery education from the American Midwifery Certification Board (AMCB). Additionally, they must be supervised by a licensed physician. 

In California, CNMs can practice midwifery throughout the state, provided they maintain a license with either the Board of Registered Nursing or the Medical Board of California. Whether you are receiving treatment from a midwife at home, a birth center, or a hospital, they have a legal obligation to uphold the medical standards required by these organizations.

There are limits to what a Certified Nurse Midwife can do during a difficult birth, including performing life-saving surgical procedures such as C-sections. Licensed midwives must be prudent to consult with physicians throughout your pregnancy and during the labor and delivery process. They must also be able to make swift and accurate assessments of patients who need more intensive medical care.

Malpractice claims involving midwifery are complex due to the unique nature of midwifery licensing requirements. At Eric Ratinoff Law Corp., we can guide you through your claim so you can focus on recovery. 

Contact the Medical Malpractice Lawyers at Eric Ratinoff Law Corp.

While most midwives can provide valuable care for expecting mothers during pregnancy and childbirth, there are cases where medical malpractice may occur if they deviate from the acceptable standard of care in California. If you were injured due to medical negligence, the lawyers at Eric Ratinoff Law Corp. can offer legal guidance to pursue the justice you deserve. 

Attorney Eric Ratinoff can help you navigate the complex legal process, investigate the facts, gather evidence, and negotiate on your behalf. We are prepared to fight for you by utilizing our unique storytelling techniques and legal strategies to advocate for your legal rights. Schedule a complimentary consultation by calling (916) 970-9100 or filling out our contact form.