In our previous post, we began discussing a new Michigan law which requires all midwives throughout the state to obtain licensure in order to practice midwifery. The idea behind the requirement is to ensure that women and their babies are protected by ensuring better oversight of the practice of midwifery throughout the state.
As with any other profession, midwives face unique challenges and are exposed to unique liabilities. Like other health care professionals, midwives have to consider the scope of their practice and implement appropriate boundaries, keeping especially in mind the prohibitions imposed on them by law. This includes abiding by the rules for prescribing medications, for midwives who have the ability to do so.
Determining whether a woman is properly classified as high-risk or low-risk, establishing a clear protocol for transfer to a hospital or physician specific to the patient, and obtaining informed consent from the patient, are all critical aspects of midwife practice, as is following reporting requirements.
When a midwife, or any other health care professional, faces potential liability for mishandling a patient, it is important to work with an experienced attorney to ensure they have appropriate advocacy under the circumstances of the case. This includes ensuring that the allegations against them are factual and supported by reliable evidence, establishing the appropriate standard of care in the case and ensuring the court has all the facts necessary to determine whether that standard was kept, and taking advantage of the various protections available throughout the legal process.
Malpractice liability can be costly, for both professionals and insurers, and working with experienced legal counsel can help ensure that a professional and the insurer implicated by allegations of malpractice has the best possible representation in the case.
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