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Midwifery Malpractice

When injuries occur during birth, the effects can be catastrophic and last a lifetime. In these instances, if negligence has occurred it may be possible to file a medical malpractice claim to recover damages. While filing a medical negligence lawsuit may be the furthest thing from your mind following a traumatic delivery, the costs of raising a child with significant injuries may be insurmountable. In these instances, damage awards from a med mal lawsuit may be used to help offset these costs.

Many women are turning to mid-wives to help during the prenatal period, post-partum and during delivery. However, midwife’s fall into a couple different categories, and the legal options should you experience a birth injury vary. A licensed midwife is licensed by the state and is allowed to perform certain functions as long as the delivery falls within certain guidelines designating the delivery as “normal.” These may be non-nurse midwifes and may not carry malpractice insurance. On the other hand, certified nurse midwives must obtain additional medical obstetric training and are typically covered by medical malpractice insurance. When birth injuries occur in these settings, it may be possible to file a medical malpractice lawsuit.

If your child has suffered an injury due to negligence in any setting, it is important to meet with an experienced medical malpractice attorney who can begin an investigation into all of the factors surrounding the incidence. For more information please contact the experienced Los Angeles medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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