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Is a Midwife Liable for Birth Injury?

The short answer to this question is yes. There is a rising tide of midwives delivering babies in hospitals across the nation, including in Utah. According to the Daily Herald, certified nurse midwives can now deliver babies in Utah County hospitals, as long as patients have low-risk pregnancies. However, whether or not you have your baby in a hospital or at home, a birth injury can still occur from negligent care, and you may find yourself needing a personal injury lawyer as well.

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Level of Training

If you are considering hiring a midwife, a personal injury lawyer would recommend doing thorough research first. While many midwives may be certified to deliver babies, it is not typical for them to have training as emergency medical technicians. If something goes wrong during labor and delivery, a lack of training on the midwife’s part can be hazardous to both you and your child.

Emergency Response

When it comes to labor and delivery, timing is everything. A few minutes of the baby not breathing can cause permanent brain damage, as can a prolonged labor time. At hospitals, there are tools and procedures in place to mitigate these risks, but at home, most midwives do not have the training or equipment to handle these situations. Even if they call for emergency personnel, it takes time for an ambulance to reach your home.

Any misrepresentation or carelessness on the part of the midwife can cause liability. If you or your child has suffered harm that could have been prevented with better care, Robert J. Debry & Associates is here to help. While monetary compensation can never make up for permanent harm to your child, a personal injury lawyer can help you cover expenses for recovery and can help you protect future patients. Visit our website to learn more.


By |2020-03-24T12:19:35-07:00March 4th, 2020|personal injury lawyer|0 Comments

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