MIDWIFE MEDICAL MALPRACTICE: A Primer By Attorney Charles Jerome Ware

The Law Offices of the national general practice law firm of Charles Jerome Ware, P.A.: "Still working. Still committed. Still here to make a difference."

For hundreds of years midwives, or their equivalent, have assisted millions of women through the critical birthing process.

Generally, "midwives" assist women in giving birth either in their home, a clinic, or the hospital by attending childbirth, providing support during the labor and delivery processes, and supervising or coordinating the overall general healthcare of mothers and babies immediately after birth.

Midwives who work within a hospital or clinic are called "nurse-midwives" and they must be medically trained, certified and licensed. Other midwives, called "lay-midwives" are not necessarily medically trained. Each state has its own rules, regulations and protocols regarding the training, licensing and guidance of both nurse-midwives and lay-midwives.

About 445 nurse-midwife medical malpractice reports were made to the "National Practitioner Data-bank in the United States between 1990 and 2004.

[see, NPDB Summary Report, National Practitioner Data Bank, U.S. Department of Health and Human Services, 1990-2004; www.rightdiagnosis.com/medical-malpractice/midwife_and_malpractice.htm/ 8-22-2012]

A summarized survey of some verdicts, judgments, and recoveries in recent Midwife Medical Malpractice cases in the United States follows:

(1) $3,145,000 Verdict: Midwife Medical Malpractice-
OB/GYN – FAILURE OF MIDWIFE TO SUMMON OB/GYN OR RECOMMEND C-SECTION DESPITE SIGNS OF FETAL DISTRESS FOR 45 MINUTES – HYPOXIC-ISCHEMIC ENCEPHALOPATHY – CEREBRAL PALSY – CORTICAL BLINDNESS – PROFOUND MENTAL RETARDATION – SPASTIC QUADRIPLEGIA – NEED FOR FEEDING TUBE – KABUKI SYNDROME.

In this action, the plaintiff contended that the defendant midwife negligently delayed summoning an ob/gyn despite signs of fetal distress. The plaintiff contended that as a result, the baby suffered hypoxic-ischemic encephalopathy. The plaintiff maintained that the child suffered cerebral palsy, spastic quadriplegia, profound mental retardation, and requires a feeding tube (Androscoggin County, Maine, 185930).

(2) Over $1,000,000 Verdict:

MEDICAL MALPRACTICE - OB/GYN - MIDWIFE MEDICAL MALPRACTICE - FAILURE TO TRANSFER TO HOSPITAL AFTER MOTHER IS PUSHING FOR MORE THAN TWO HOURS - PATIENT SIGNED INFORMED CONSENT FORM - PLAINTIFF ALSO CONTENDS HEIGHTENED RISKS OF HOME BIRTH MANDATE FULL EXPLANATION OF HYPOXIA RISKS - CEREBRAL PALSY.

In this action, the plaintiff contended that the defendant midwife negligently failed to transfer the mother to the hospital when it became apparent that the second stage of labor was continuing for a prolonged and potentially dangerous period of time (Ocean County, NJ, 184570).

(3) $21,600,000 Verdict:

MEDICAL MALPRACTICE - OB/GYN - NURSING MIDWIFE - FAILURE TO MONITOR BOTH HEART RATES OF TWINS DURING DELIVERY - BRAIN DAMAGE TO A NEWBORN CHILD - CEREBRAL PALSY.

In this medical malpractice case, a family sued on behalf an infant who suffered cerebral palsy after a botched delivery. The jury delivered a subsequent landmark $21.6 million verdict against the hospital (Pennsylvania, 182889).

(4) Over $1,000,000:

CONFIDENTIAL RECOVERY - MEDICAL MALPRACTICE - OB/GYN - MIDWIFE MEDICAL NEGLIGENCE - FAILURE TO PERFORM CESAREAN SECTION RESULTS IN HYPOXIA - CEREBRAL PALSY.

In this medical malpractice matter, the plaintiff alleged that the defendant nurse midwife was negligent in failing to have a Cesarean section performed when it became apparent that the fetus was in distress, resulting in hypoxic brain injury. The defendant denied the allegations of negligence (Massachusetts, 169620).

[snt133.mail.live.com/8-22-2012; www.rightdiagnosis.com/medical-malpractice/midwife_and_medical/ 8-22-2012; Consumer Legal Tips and Secrets, Chapters 1 and 2, Medical Malpractice & Personal Injury, by Attorney Charles Jerome Ware, iUniverse Publishers (2011); www.jvra.com/Verdict_Trak/professional/185930/ 8/22/2012]