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Midwife Pre-Term Birth Medical Malpractice

Midwife Pre-Term Birth Medical Malpractice


Over the past several years, Florida has been under intense scrutiny with regard to midwifery.

As reported in a previous article, a mid-August 2019 Herald-Tribune article based on the results of an investigation carried out with GateHouse Media revealed that out-of-hospital deliveries in the state were twice as likely to result in infant injury or death when compared to hospital deliveries. The article further detailed the tragic reality that at minimum six infants and one mother had died since October of 2018 in Florida during planned out-of-hospital births utilizing midwives. Other infants and mothers suffered serious injuries due to the same or similar circumstances during the same timeframe.

Chapter 467 of the 2023 Florida Statutes outlines the state’s regulation of midwives.2 To date, both accountability and discipline in instances of midwife medical malpractice negligence that results in birth injuries or death to mothers and infants are still lacking.

Injuries and deaths involving full-terms births are one area of concern. Pre-term births are another. Failure by a midwife to properly monitor an individual’s pregnancy may lead to pre-term birth medical malpractice. While the chance of problems occurring may be less in low-risk pregnancies in which midwives are utilized, even those pregnancies with lower risk factors may incur malpractice. For example, failing to carefully monitor a generally healthy mother’s (or surrogate’s) blood pressure or blood sugar levels may lead to undiagnosed pre-eclampsia or gestational diabetes that results in a pre-term birth.

Further, when doctors and midwives collaborate on an individual pregnancy that results in pre-term birth due to provable medical malpractice, dual liability may exist. It is also possible for multiple individuals or entities, or both, to be liable in cases of pre-term birth medical malpractice.

Legal action is often taken in provable instances. Hiring an experienced and effective lawyer in a timely manner is beneficial for the best outcome in terms of justice and fair compensation. Noted medical malpractice birth injury lawyer Richard “Bo” Sharp, Esq. of Miami’s Mallard & Sharp law firm recovered a record-setting $12,000,000 settlement in 2022 (Case No.: 2:19-cv-14449-) in a renowned case in which provable acts of medical negligence were committed by a certified nurse midwife during a mother’s labor and her baby’s delivery.

Mallard & Sharp, P.A.’s unwavering objective is to obtain justice for individuals and families who are the victims of birth injury medical malpractice, particularly when it occurs during labor and delivery. This includes cases involving provable doctor or midwife medical malpractice birth injury negligence that results in pre-term birth and other injuries, including Hypoxic Ischemic Encephalopathy (HIE) and cerebral palsy.

Mallard & Sharp, P.A. is dedicated to providing its clients with the path to justice and financial recovery through fair compensation. The firm, along with Miami Medical Malpractice Birth Injury Lawyers Vidian Mallard and Bo Sharp, handles an extensive array of cases that involve birth injuries, medical malpractice, and negligent security in addition to negligence acts that cause catastrophic injuries or wrongful death.

For more information or to inquire about expert legal representation for a potential midwife medical malpractice pre-term birth injury case, contact Mallard & Sharp, P.A. at 305-461-4800.


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