In this birth injury educational article, I am going to continue with the discussion regarding midwives, but the focus will be on midwife only birth injury liability. This discussion comes on the heels of the previous article and video I did explaining midwife liability during labor and delivery and the role their employer can play in these cases.
The question that was presented following that video was what happens if you have midwife only birth injury liability? For example, if there is no employer for the midwife and the birth took place in a home, for example. At the conclusion of this article you will have a better understanding as to why it might not be a good idea to only move on midwife liability, absent an employer and or a hospital.
HOW CAN BIRTH INJURIES HAPPEN DURING LABOR AND DELIVERY?
In our experience, there can be quite a few injuries that can happen during labor and delivery. If developmental, or genetic issues are not a factor, then the question becomes, what caused the injury? When parents reach out to us for an investigation into what happened during labor and delivery, they are essentially looking for the cause of the injury and could it have been prevented.
For us, many of the types of injuries families talk with us about are oxygen related issues. These oxygen issues can sometimes lead to a condition called hypoxic ischemic encephalopathy, or HIE. HIE in this context is a reduced level of blood and oxygen, which can lead to a brain injury. Many parents have little understanding of HIE until there is a diagnosis in their child.
During labor and delivery there are ways in which doctors, nurses, and other medical professionals can check the status of the baby’s oxygen and overall fetal well-being. This is with the use of the electronic fetal heart monitor. Failure to accurately diagnose and treat blood and oxygen related issues can lead to a birth injury in a child. Therefore, we want to review the relevant medical records associated with the labor and delivery to get a better view of the facts associated with the case.
HIE is but one type of birth injury that can occur during labor and delivery. For example, meconium aspiration syndrome injuries can occur, along with shoulder dystocia injuries, among others, can happen too.
MIDWIFE ONLY BIRTH INJURY LIABILITY
One of the main problems with midwife only liability during a birth injury situation is the ability of the midwife to cover the costs of the injury. This is a reality, and one that must be discussed with parents. How this issue can play out is if the midwife has professional liability insurance, usually it is not enough to cover the injuries that the child has sustained.
Birth trauma cases, in which the baby has suffered a brain injury (HIE for example) can present challenges for the baby that might last a lifetime, depending on the severity of the injury. Birth trauma attorneys like myself take these cases with the idea of figuring out ways to be able to provide the care that the baby and the family will need for the long haul. Once calculations begin to happen regarding medical care and other relevant needs, these numbers can run into the millions of dollars.
If the midwife is the sole cause of liability, there may not be any practical way for this person on their own to cover the costs of the damage they have inflicted. This is a sad reality and one a family must understand. It also might be a reason a family might have a hard time finding representation on because there might be a situation where the recovery is outweighed by the costs to get to said recovery.
WE CAN ANSWER YOUR BIRTH INJURY QUESTIONS
You can speak with me further about this topic, as I would be happy to answer your questions. Being able to have a firm understanding regarding issues like this can help you make the best decision possible for your family.
You can reach me at 301-850-4832.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
