In the U.S., the number of midwives handling labor and delivery is increasing. While doctors still deliver most babies, by 2021, midwives attended 12% of births in America.
If your child was harmed during labor or delivery, it’s important to know who was attending—a doctor or midwife. Both parties can make mistakes leading to birth injuries, but depending on who was in charge, your birth injury case may unfold differently.
In this blog, we’ll explore the roles each party plays in the delivery process and how we hold them accountable when their negligence results in birth injuries.
How Do Doctors’ and Midwives’ Roles Differ When Attending Births?
OB-GYNs are medical doctors who are trained to handle both routine and high-risk pregnancies. They can perform surgical interventions like C-sections, use tools like forceps or vacuum extractors, and manage emergencies.
Midwives, on the other hand, are often involved in lower-risk pregnancies. Certified Nurse-Midwives (CNMs) are licensed healthcare professionals with nursing and midwifery training who typically work in hospitals or birthing centers. Other types of midwives, such as Certified Professional Midwives (CPMs), may assist with home births but are not licensed to practice in every state or setting.
The key distinction between OB-GYNs and midwives lies in the scope of practice. While midwives focus on natural, low-intervention births, doctors are trained to intervene medically when complications arise. That difference is an extremely important part of birth injury claims.
What Birth Injuries Are Most Common Under Attending Doctors vs. Midwives?
While any birth attendant can face complications during labor and delivery, the types of injuries and contributing factors may differ depending on whether a doctor or midwife is managing the birth.
Common birth injuries associated with doctors include:
- Brachial plexus injuries from improper use of forceps or vacuum extractors
- Skull fractures or nerve damage from instrument-assisted delivery
- Hypoxic-ischemic encephalopathy (HIE) from delayed C-section or failure to monitor fetal distress
Common birth injuries associated with midwives include:
- Brain injuries from failing to recognize when to escalate to a hospital
- Shoulder dystocia complications from improper delivery maneuvers
- Delayed treatment in the event of breech birth, cord prolapse, or excessive bleeding
Midwives may be more prone to errors of omission (failing to refer or escalate care), while doctors may be responsible for errors of commission (using excessive force or performing improper procedures).
How Does Birth Injury Liability Differ for Doctors and Midwives?
Liability for birth injuries depends on the standard of care expected from each provider. Doctors are held to the standards of the broader medical community, and their decisions, especially around emergency intervention, are closely scrutinized. They typically carry malpractice insurance, and hospitals can also be liable for their actions if the doctor is an employee.
Midwives, especially if they’re operating outside of a hospital, may carry their own professional liability insurance, or none at all in rare cases. If a midwife fails to transfer a patient to a hospital in time or acts outside their legal scope of practice, they can be held liable if a birth injury occurs. In some situations, a birthing center may also share responsibility.
In Illinois, licensed CNMs are recognized as advanced practice nurses. This means they are accountable under state law to a specific medical standard and licensing board. However, non-licensed midwives attending home births may be more difficult to hold liable for a birth injury depending on how and where the incident occurred.
How Does the Negligent Party’s Title Affect My Birth Injury Claim?
Whether the injury was caused by a doctor, midwife, or even a nurse, their professional title and licensing status can significantly influence the legal path your case takes. Doctors typically have more legal resources, deeper pockets (via malpractice insurance), and are easier to sue under well-established medical malpractice standards and precedents.
Midwives, especially in non-hospital births, may present more challenges for parents looking to pursue compensation or legal action. If they were unlicensed or operating independently, determining liability and securing compensation can be more complex—but not impossible.
No matter who was responsible, your birth injury claim will need to prove:
- A provider-patient relationship
- A breach of the standard of care
- A direct link between that breach and your child’s injury
- Damages, such as medical costs, ongoing care, and pain and suffering
The provider’s title may affect how your case is pursued, but not whether it can be pursued. If negligence occurred and your child was harmed, you deserve answers and compensation, and we want to help you get them.
Contact Our Chicago Birth Injury Lawyers Today
No matter who was attending your child’s birth, there’s no excuse for birth injuries caused by negligence. At Beam Legal Team, we work hard to help affected families get the compensation they deserve for their child’s medical bills, injuries, pain and suffering, and permanently altered future. Contact us today for a free consultation to learn how we can help you during this difficult time.