Earlier this month in North Carolina, a judge sentenced a woman to 6-17 months in jail for assisting in a delivery that resulted in the child’s death. According to one local news report, the woman was holding herself out to the public as a midwife, although she was not licensed under state law to practice midwifery in North Carolina.
Evidently, the woman did attend some schooling for midwifery, but that institution was not accredited. The family who retained her services was aware of this and decided to hire her nonetheless. However, at some point during the delivery, the child died.
The woman was initially charged with murder of an unborn child, assault, theft by false pretenses, and obstruction of justice. After some discussion between the woman’s attorney and the prosecutor, she was offered a deal of 6-17 months incarceration for pleading guilty to obstruction of justice and unauthorized practice of midwifery. The judge, hearing that the woman had already spent almost 300 days in jail at the time of sentencing, suspended her sentence.The family has expressed their disappointment in what they believed to be a lenient sentence.
Birth Injury Lawsuits in Maryland
Whether a family chooses to go to a hospital to give birth, or to have a midwife come to their home, certain duties arise on the part of the doctor or midwife. Of course, both sets of duties require that the health care provider act in a responsible, honest, and upfront way. However, generally speaking, a doctor owes a patient a higher duty of care than a midwife.
In either case, however, it is possible for the aggrieved party to file suit against the allegedly negligent doctor or midwife in a Maryland birth injury lawsuit. If a plaintiff is able to prove that their child was seriously injured or killed as a result of the negligence of the attending professional, they may be able to recover substantial monetary compensation. Of course, whether the defendant is a doctor, nurse, or midwife, they will likely not admit liability and offer fair compensation without significant discussion and potentially litigation. To learn more about birth injury cases in the State of Maryland, contact a dedicated personal injury attorney with your questions.
Have You Lost Your Child to a Negligent Doctor or Midwife?
If you have recently given birth to a child who suffered a preventable birth injury, you may be entitled to monetary compensation for all that you have been through. The skilled advocates at the Maryland personal injury law firm of Lebowitz & Mzhen, LLC, have decades of experience bringing all kinds of medical malpractice and birth injury cases, including those arising from the negligent conduct of delivering physicians. To learn more about this complex area of law, and to speak with an attorney about your case, call 410-654-3600 today. Calling is free and will not result in any obligation for you.
More Blog Posts:
Family Brings Suit Against Department of Transportation in Failure-to-Maintain Case, Maryland Accident Law Blog, September 15, 2015.
Federal Appellate Court Reverses Lower Court’s Evidentiary Ruling, Allowing Plaintiff’s Expert Witness’ Testimony, Maryland Accident Law Blog, August 10, 2015.