Who Is to Blame When a Home Birth Goes Wrong?

African American couple in a birthing pool

There are few decisions in the United States as controversial as the one to give birth at home. Still, home births are rising in popularity, and some countries encourage this option for women with low-risk pregnancies. The fact of the matter is no matter where you give birth and no matter how well you plan; things can go wrong.

Midwives and obstetricians are both trained, qualified, and caring medical professionals who can help you give birth. They must also adhere to a strict standard of care to help you and your child make it through the birthing process. Although midwives can fail to meet this standard of care, so can doctors, obstetricians, and hospitals. Unnecessary medical intervention may even be more common in planned hospital births, leading to more birth injuries for the mother.

Home Birth Should Always Involve Hospitals

Midwives who supervise home births should always have a backup plan, and if complications arise during labor or delivery, the home birth should always be moved to the hospital. Failure to respond to an emergency constitutes medical malpractice – no matter where your delivery takes place.

If a midwife fails to move a home birth to the hospital, they could be responsible for the consequences, and if an obstetrician fails to move a hospital birth to the neonatal intensive care unit (NICU), they could be liable for anything that goes wrong.

Ultimately, the quality of the care you receive matters more than where you give birth, and some women receive better care from a midwife than an obstetrician who won’t listen to them or honor their wishes.

Of course, midwives can make mistakes, too. They may underestimate the risks of a particular pregnancy, and some even practice without a license.

What To Do if Your Birth Does Not Go As Planned

When something goes wrong, mothers will need to revisit their pregnancy and birthing experience with a fine-tooth comb to find out if someone is to blame. Attorneys can help with this process.

The sad truth is that many birth injuries and stillbirths are unexplained. Nevertheless, some injuries and deaths can be explained, and if your obstetrician or midwife did something wrong, you may be able to uncover the error during an investigation. In cases with mistakes, you should not have to face the consequences of these mistakes alone.

That’s where the Law Office of David A. Kates, PLLC comes into play. If you feel you received substandard care during your pregnancy, labor, or delivery, and you suffered harm as a result, please tell David Kates about your case.

As the leader of a results-driven legal team, Attorney Kates will personally handle your case from start to finish and put more than 20 years of professional legal experience on your side. With David’s tenacious and thorough approach, you can seek justice for what you had to endure.

Schedule your free consultation today and tell us what happened – get started at (718) 866-3664 or online.