Midwife Provider

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CASE: Midwife Provider

FACTS: Defendant is a Certified Professional Midwife (CPM). After relocating, the plaintiff transferred her prenatal care from an obstetrician to the defendant. A home birth was discussed among and planned by the parties. Pursuant to statute and regulations a CPM is prohibited from providing obstetrical care for any patients who are not considered low risk. Plaintiff was not a low risk patient, yet defendant failed to transfer her care to an obstetrician, have her transferred to a hospital during labor, or advise the plaintiffs of the risks of a home birth under the circumstances.

Plaintiff was thirteen days post her due date on the date of delivery of the minor plaintiff. Upon rupture of the plaintiff’s membranes the presence of meconium was noted; defendant was anticipating the delivery of a baby that was large for gestational age; and during labor the defendant had difficulty or was unable to obtain fetal heart tones. For those and other reasons a home birth by a CPM was inappropriate; nevertheless, the defendant allowed a home labor and delivery to take place, without consulting other providers.

Upon delivery, the minor plaintiff, was born without a heartbeat, was floppy, pale and had an Apgar Score of 0. Despite the absence of necessary equipment and personnel for neonatal resuscitation the defendant allowed a midwife trainee to manage the resuscitation of the critically ill infant, and failed to promptly call for emergency transportation to the hospital, despite repeated suggestions from the plaintiff’s husband.

DEFENSE: The defendant denied negligence or breaches in the standard of care.

INJURIES: The minor plaintiff suffered hypoxic ischemia encephalopathy caused by birth hypoxia and ischemia. Plaintiff also suffers from permanent and profound injuries, including neurologic deficits, cerebral palsy, seizures, development delays, microcephaly and other injuries.

SPECIAL DAMAGES: Medical bills: $309,472.23

SETTLEMENT: The case settled after suit for a confidential amount.

PLAINTIFFS’ COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)

NAMES/COUNTY: Anonymous v. Anonymous