Because most midwives are not licensed medical professionals, they cannot be sued for medical malpractice. This comes as a surprise to some, especially when their children suffer birth injuries as a result of mistakes made by midwives.
Simply not being financially liable for birth injury does not mean that the patient has no recourse against a midwife. It only means that the midwife may not be the defendant in the case. Your lawyer will help you determine who to name in your lawsuit. These people may include:
- The nurse or midwife if they possess liability insurance of their own
- Any overseeing physician
- The teaching program from which the midwife graduated
- The hospital or clinic that employs the midwife
- A surgeon or anaesthetist
- Member of the hospital staff
What Injuries are Preventable
There are several injuries that can occur during labor and delivery. Some of these are preventable and some are not. Some of the most common birth injuries associated with medical malpractice are:
- Cerebral palsy
- Erb’s palsy
If your infant has been diagnosed with any of these conditions, it is quite possible that there was a mistake made during delivery. If you chose to utilize the assistance of a midwife, they may be responsible for those injuries, even if you cannot recover compensation directly from them. An attorney can help you determine who is at fault and who can be held accountable.
If you hose to use a midwife and your infant has been diagnosed with a birth injury, please reach out to our team of personal injury attorneys. We will review the details of your case at no cost to you and help you determine your next steps. You do have options available to you under New York law. Call us today to discuss what those options are.