Can I Sue a Midwife for a Birth Injury?

While many birth injury firms focus on obstetrician and nurse malpractice, the question of midwife mistakes may arise, bringing about the subject of whether a midwife can be sued for a birth injury.

The general answer to this question is yes, but whether you have a viable case will depend on three primary factors:

  • First and foremost, you must be able to prove that the midwife failed to provide an acceptable standard of care – based upon training and the tools at hand. This will also require that you can prove what would have constituted acceptable care in the circumstances, and how the care you received was a deviation from this.
  • Second, you must be able to prove that you or your child suffered quantifiable injuries.
  • Finally, you must be able to prove that the midwife’s failure to provide standard care was what caused the injuries.

At Tom Rhodes Law Firm, we represent clients in cases against licensed nurse-midwives across New Mexico. We can take on cases of this kind involving:

  • Midwife failure to properly screen and identify a high-risk pregnancy.
  • Midwife failure to get informed consent of the risks that may be associated with home birth and midwife-assisted delivery.
  • A failure to meet minimum state midwife licensing requirements.
  • A failure to properly assess the state of mother and baby during labor and delivery.
  • Inadequate or missing procedures to address emergency situations during delivery.

Although these cases present their own complexities, our knowledge of birth trauma and midwife malpractice helps our team build compelling cases on behalf of our clients. Our attorneys have decades of experience in these matters and are well-prepared to provide skilled representation.

To learn more about midwife malpractice and whether you may have a case, call our firm at (505) 544-4088. Your consultation is free and completely confidential.