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Midwife Medical Malpractice

Many families today choose to have a natural birth at home when they are expecting a new addition. Medical technology allows expecting mothers to have more control than ever before about where and how they give birth. For many, the idea of being able to give birth in the familiarity and privacy of the home is a great comfort. Midwives are available to help couples with the home birth process to ensure that everything goes smoothly for both mother and child.


Most midwives study extensively and offer excellent care for families. They are professionals of the highest order and deliver many healthy babies into the world. However, midwife malpractice claims in Hollywood and South Florida do happen. Often, they occur because parents were not warned about the risks of home birth or because negligence caused serious injury to the mother or child.

What is Midwife Medical Malpractice?

Midwife medical malpractice claims occur when negligence or recklessness on the part of a midwife leads to injuries to a mother and her child during pregnancy, labor, or delivery. Usually, this is caused by:

  • Midwives not explaining the risks of home birth
  • Midwives allowing high risk mothers to give birth at home without recommending a hospital
  • Failure to detect high risk conditions or potential problems with the birth
  • Lack of an adequate emergency plan in the event of complications
  • Midwives not taking adequate measures to safeguard hygiene during birth
  • Midwives not monitoring the mother and baby enough
  • Midwives not reacting quickly or appropriately to signs of distress or complications
  • Under-trained or under-qualified midwives
  • Midwives who are dishonest about their training or qualifications

These problems can have serious and even deadly consequences. Midwife negligence can lead to fatal injuries to the mother and child. It can also lead to permanent, serious injuries such as Cerebral palsy and developmental delays, especially if the child is deprived of oxygen during the birth process.

Preventing Midwife Malpractice in South Florida

In Hollywood and other communities, midwife malpractice is a thankfully rare but serious claim. If you are considering hiring a midwife for your birth, there are several things you can do to decrease the chances of a negative outcome:

  • Talk to your doctor first. Find out whether you are a good candidate for home birth. If there are any factors that could make you a high risk during labor or delivery, it is best to give birth in a hospital or medical setting where careful monitoring can keep everyone safe and where staff have the equipment needed to assist you in case there is a problem.
  • Check midwife credentials carefully. Hire midwives carefully. Check to make sure that any midwife you hire is licensed as a midwife in Florida, as required by law. Check and confirm that your midwife has extensive education and experience with home births and run a background check to find out whether any lawsuits or complaints have been filed against the midwife. Look for a midwife who is insured and who makes you feel comfortable.
  • Understand the state laws that govern home births and midwives. Make sure that you and your midwife can meet all the requirements for a home birth in Florida.

Even with these precautions, injuries can occur. If you or your child have suffered an injury caused by the negligence of a midwife or medical professional, you may have a medical malpractice claim. If you’re in Hollywood, Miami, Homestead, or any South Florida community and find yourself in this situation, don’t delay in contacting Flaxman Law Group. Our compassionate attorneys can meet with you in a free consultation to discuss your situation and your options.

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