What Is Midwife Malpractice?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
April 6, 2023

When you’re expecting, you may be anxious about the arrival of your child. After all, giving birth is a medical procedure, and though uncommon, there are risks involved. However, when the midwife is negligent, you may experience birth complications as a result. If you or your child were injured due to the malpractice of a midwife, you might not know how to proceed. Keep reading to learn more about a midwife’s role and discover how a Houston, Texas birth injury lawyer can help you if you’ve suffered due to the negligence of another party.

What Does a Midwife Do?

A midwife is a healthcare professional that specializes in childbirth. They provide care during and after the birthing process to mothers and newborns.

While midwives differ from obstetrician-gynecologists in that they are not medical doctors, cannot perform a c-section delivery, and cannot manage high-risk pregnancies, they are certified professionals. Midwives will work closely with you and your family to determine the best course of care. Many of these professionals have graduate degrees, and many also have their master’s or doctorate in nursing and are registered nurses.

In Texas, midwives must be licensed and held to strict standards. This includes renewing their licenses every two years. Licensed midwives (CPMs) are regulated by the Texas Department of State Health Services, while Certified-Nurse Midwives (CNMs) operate under the Board of Nurse Examiners of Texas.

How Can Malpractice Occur?

Though midwives are highly-trained individuals, they can also commit malpractice when delivering children. Unfortunately, it can be challenging to prove that negligence occurred, but it can be done. Generally, if your midwife fails to meet the duty of care you are entitled to as a patient under their responsibility, you may be eligible to receive compensation.

Malpractice can occur in a number of ways. For example, if a midwife does not defer to a doctor’s judgment, fails to recognize maternal complications, or does not pay attention to fetal distress, they may be liable for damages that occur as a result.

It is imperative to note that independent midwives are not required to carry malpractice insurance. This means if something goes wrong during your delivery, you will likely end up paying the damages out of pocket. If your midwife is insured, however, you would be eligible to collect damages if they are found negligent for the injuries you or your child incurred under their care. However, if they are part of a network or healthcare system, it is required that the system covers those employed.

If you or your newborn were injured due to the negligence of a midwife during or after delivery, you must contact Davis & Davis immediately. Our dedicated legal team will do everything possible to help you receive justice if you are eligible. Remember, when picking a midwife, it is vital you consider choosing an insured provider, as they can be held liable should something go awry during your delivery.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

April 6 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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