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Midwife Medical Malpractice Negligence Birth Injuries

Midwife Medical Malpractice Negligence Birth Injuries

Midwife Medical Malpractice Negligence

Midwives, certified midwives (CMs), certified professional midwives (CPMs), and certified nurse midwives (CNMs) all provide services related to reproductive health, with the latter being the most common type of midwife in the nation according to the American Midwifery Certification Board.1 Each state has laws and rules governing midwifery licensing and practices. Florida law, for example, requires midwives to be 21 years of age, licensed, and trained, including having hands-on training involving actual patients, among other things.2 One important responsibility included in Florida’s laws is the requirement for midwives to carry malpractice insurance.

Whether at home, in a hospital, or at a birthing center, errors resulting in midwife medical malpractice negligence birth injuries can occur. According to a report in the Journal of Perinatal Medicine, nearly 40 percent of infant deaths involving midwife-assisted home births alone were the result of labor and delivery problems, followed by birth defects and infections.3,4

Midwife medical malpractice negligence birth injuries can include brain damage, asphyxia, hypoxia, organ failure, cerebral palsy, and Erb’s palsy, as well as a host of other conditions. Each can result in serious permanent injury or death. Midwife medical malpractice negligence birth injuries that result in permanent injury involve consideration of ongoing costs and other considerations for a baby’s well being currently and into the future.

When midwife medical malpractice negligence birth injuries result in legal action, it may be discovered that more than one party is responsible for the infant’s medical condition. Assessment by an experienced legal team often brings to light scenarios that are not readily evident.

Recent notable cases of midwife medical malpractice birth injuries include Richard “Bo” Sharp’s (Mallard & Sharp) record-setting $12 million settlement in the Federal Tort Claim Action styled HACKING v. UNITED STATES OF AMERICA (Case No.: 2:19-cv-14449-), filed in U.S. District Court, Southern District of Florida in Ft. Pierce, Florida and defended by the United States Attorney’s Office in Miami, Florida.5

According to the firm, the acts of medical negligence that occurred during labor and the baby’s delivery were committed by a certified nurse midwife employed by Florida Community Health Center, Inc. in St. Lucie, Florida. The midwife had failed to pay attention to the unborn baby’s fetal heart rate (FHR) when it became a Category III medical emergency that showed the baby was suffering from severe blood and oxygen deprivation and the need for an emergency C-Section performed by a physician was required. Further, the nurse midwife failed to notify the OBGYN that she needed assistance.

The baby suffered significant injuries as a result, including both Hypoxic Ischemic Encephalopathy (HIE) and cerebral palsy.

When a doctor, midwife, other medical professional, hospital, or birthing facility (or any combination of these) is provably responsible for a baby’s birth injury or injuries, parents may be unsure of what steps to take in order to obtain justice and secure fair monetary compensation to meet their child’s short- and long-term needs.  Sharp notes that contacting the negligent party or parties directly is unlikely to produce the results needed to effectively ensure the financial assistance needed to provide care for a birth injured infant’s needs into the future, and recommends expert legal review of such cases.

Mallard & Sharp, P.A. is dedicated to providing its clients with the path to justice and financial recovery. The firm continuously handles righteous cases that involve birth injuries, medical malpractice, and negligent security, as well as any negligence acts that cause catastrophic injuries or wrongful death, including those involving Midwife Medical Malpractice Negligence Birth Injuries.

For more information regarding their expert legal services, contact Mallard & Sharp, P.A. at 305-461-4800.






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