Damages for Nurse Midwife Malpractice

Midwives are healthcare providers who have specialized training in obstetrics and gynecology. Typically they undergo an apprenticeship or training in a community-based program. While some midwives maintain their own practice, others work within established medical practices, including hospitals. A midwife’s duties can include family planning, prenatal care, gynecological exams, disease prevention, maternal care before and after labor, and support through labor and delivery. With the rise of interest in “natural birth,” many obstetrician-gynecologists have a minimum of one midwife in their practice. Unfortunately, like other health care providers, midwives do make mistakes in care, and those mistakes can be costly to both mother and child. If you were harmed by nurse midwife malpractice, you should call the experienced Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano.

In order to prove midwife malpractice, we must show that your midwife breached the professional duty of care. This duty of care can vary depending on the defendant’s specialty and the geographic region. However, in many cases, midwives should not handle high risk mothers or complicated deliveries since increased risk of birth injuries are involved. Fetal distress, for instance, is often a signal that a midwife should contact an obstetrician-gynecologist. And not all women are candidates for either a homebirth or midwife assistance during labor. When a mother has pre-eclampsia and need bed rest, this is likely a sign that she should deliver in the hospital. Midwives are supposed to disclose the substantial risks of a delivery assisted by a midwife clearly and provide informed consent.

If we’re able to establish nurse midwife malpractice in your case, we would need to prove the damages you suffered. This can include both economic and noneconomic losses. Economic losses tend to be tangible, documented losses. They may include wage loss, medical bills, replacement services, and loss of enjoyment of life. For example, if you suffered significant blood loss due to prolonged labor caused by a midwife’s departure from the professional standard of care and require a transfusion, you should be able to recover the costs of that transfusion and subsequent related care.

You can also recover intangible losses through a lawsuit such as damages for emotional distress, pain and suffering, and loss of enjoyment of life. For example, if you need to remain on bedrest due to a midwife’s errors during labor, you may be able to recover for your emotional losses during this period in addition to any wages you lose as a result of not being able to go to work.

In some cases, nurse midwife malpractice before, during, or just after labor results in injuries to the newborn. It may be appropriate to seek damages arising out of the birth injuries in addition to any maternal injuries. For instance, if you had an at-home birth with a nurse midwife, the baby got stuck during labor and wound up with shoulder dystocia and cerebral palsy due to lack of oxygen, you may have grounds to sue not only for any harm you suffered, but also the harm suffered by your baby. For example, if your baby requires lifelong care due to severe brain damage as a result of a midwife’s malpractice, these are damages that may be recovered in a lawsuit.

If you were injured or your baby suffered birthday injuries as the result of a health care provider’s actions, you should talk with our seasoned Syracuse medical malpractice lawyers. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for injured mothers and babies in Oswego, Lyons, Herkimer, Ithaca, Albany, Oneida, Canandaigua, Watertown, Cooperstown, Lowville, Auburn, Buffalo, Utica, Rochester, Wampsville, Elmira, Binghamton, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.