When a child is injured during the birthing process, it can be emotionally and financially devastating. Understanding how birth injury laws apply to midwives can help guide parents on what steps to take next. If you suspect that your child was injured due to medical negligence at the hands of a midwife, reaching out to a law firm like Snyder & Wenner can help alleviate some of those emotional and financial hardships.
Birth Injury Law Basics:
Birth injury law is a part of medical malpractice. To have a valid birth injury lawsuit, you must demonstrate that your midwife deviated from the standard of care, leading to the birth injury. That means that she did not act reasonably and prudently under the circumstances. Most often, a midwife is negligent by failing to transfer the mom to the hospital for treatment. When this happens, the results can be catastrophic.
Common Birth Injuries:
Birth injuries will each vary in severity and impact. Common injuries include cerebral palsy, oxygen deprivation (called hypoxic-ischemic encephalopathy, or HIE), spinal cord injuries, fractures, and cephalohematoma.
What are Midwives and How are They Trained?
Midwives are healthcare providers who care for expectant mothers and newborns during childbirth. Certified nurse midwives receive specialized education to recognize abnormal conditions or issues that require further evaluation by a medical doctor. Midwives can come from various educational backgrounds; not all are necessarily nurses. Those with previous healthcare training and are accredited nurses are known as CNMs or certified nurse-midwives. There are different levels of degrees in midwifery, such as AS Midwifery, BSc Midwifery, and MSc Midwifery, and midwives need to apply for recertification periodically.
How Do I Know If My Midwife Breached Standard of Care?
You should discuss your case with an experienced birth injury lawyer to determine if your midwife did anything wrong to cause your baby’s injuries.
Statute of Limitations:
Please remember the statute of limitations and the deadline for filing a lawsuit. In Arizona, the statute of limitations is 2 years from the date you knew or should have known of your baby’s injuries that would put you on notice to investigate the cause. Generally speaking, that would be two years from the date of birth. That is the statute of limitations for the parents’ claim. For the baby’s claim, though, the statute of limitations would be two years from his or her 18th birthday (meaning the child’s 20th birthday).
If the care was provided at a county hospital or with a resident involved, there may be a 6 month notice of claim deadline. For the parents’ claim, that would be 6 months from the date of birth. For the baby’s claim, it is 6 months from the 18th birthday.
Conclusion:
Coming to terms with medical trauma, especially when it involves your children, is never easy. If you believe your child’s birth injury was caused by midwife negligence, don’t hesitate to reach out for guidance and support. The only way to know the value of your case and how you can get reimbursed for all the trauma endured is to call and discuss the matter with a birth injury firm. Snyder & Wenner has handled the largest birth injury cases in Arizona and has the experience and expertise necessary to help you with your case. Call us today at 602-224-0005.
