Frequently Asked Questions

Is a nurse midwife held to the same standard as an obstetrician?

Not exactly. A certified nurse midwife is generally judged against what a reasonable nurse midwife would have done, not an obstetrician. But a midwife is also expected to recognize when a pregnancy becomes high-risk and bring in a physician. Failing to do that can be a breach of the midwife’s own standard.

Can a nursing student be named in a malpractice claim?

It is rare. Nursing students work under the supervision of licensed nurses and instructors, and the hospital and supervising staff are usually responsible for the care. We focus on the parties who controlled and supervised the care.

Can the mother bring a claim for her own injuries too?

Yes. A birth can injure both mother and baby, for example through severe tearing, hemorrhage, or a delayed response to high blood pressure. The mother’s claim is separate from the child’s and usually follows the regular adult deadlines, not the longer rule for children, so it may need attention sooner.

Should I ask for the fetal monitoring strips?

Yes. The strips are often the most important evidence in a labor and delivery case. When you request your records, ask specifically for the fetal heart monitoring strips, the labor flowsheet, nursing notes, and medication records, including any Pitocin rates. We can also request them for you.

My child is six and was just diagnosed with cerebral palsy. Is it too late?

Maybe not. Michigan’s special rule for young children often allows a claim until the child’s 10th birthday when the injury happened before age 8. Because related claims may have different deadlines, it is best to call soon so we can check the dates for your family.