You do not get money for simple accidents, you get money if there was instance of malpractice.
Q: Is malpractice insurance for homebirth midwives standard and what is a reasonable transfer rate? - Page 6
This statement is about as naive as asserting that "guilty people always get convicted and innocent people never end up punished for crimes they didn't do".
Half of my family works in med malpractice as attorneys and paralegals. They work for some of the top and most "reputable" firms in the entire country....not some ambulance chasing outfit or whatever...and let me tell you, some of the cases that are settled with huge payouts or that are tried and the defendants receive payouts are ABSOLUTE bullshit. Like, you or I would NEVER think they were even worthy of time in court...we wouldn't see malpractice, we would say "it was a clear accident".
These days, people don't sue when they feel someone has made a terrible error or was negligent...people sue -and win- for outcomes that simply were not ideal. A doctor can honestly do the very best anyone could have and still end up sued because the outcome wasn't good.
I am shocked at the cases I hear about on a regular basis. Malpractice law isn't some shining beacon of moral correctness...attorneys charitably helping injured people or grieving families "get what is rightfully theirs" - it's a disgustingly money-saturated industry. I'm not saying nobody ever gets a fair shake because of med malpractice laws! I can think of a few people off the top of my head who were absolutely victims and I'm so thankful that they have the payouts they got so they can afford the treatments they need etc. I can think of one little girl who was a bright, active, normal toddler...who, because of a negligent doctor who arrogantly brushed off real signs of danger, is now severely brain damaged, can barely walk and will require life long care from nurses, etc. Thank goodness her family got the payout they did so they could set this little girl up and they don't have to worry about losing their home, or "what happens when we are old" etc...
Buzzbuzz- a lot of us live in states where we are forced to deliver with a CPM- and if I remember correctly from the other thread you only believe in legalized CNMs. Obviously underground midwives aren't going to be able to get malpractice insurance- it doesn't matter what the cost is- they won't be able to get it. However- I have no problem not holding the mw responsible for my decision.
No one in the U.S. is ever "forced" to give birth with a CPM. No one. There is a law that provides for ANY laboring pregnant mother to be treated at ANY ER in the country, whether or not she is insured, has citizenship, a job, a home, whatever. You can simply walk in and have your baby with the resources of the hospital at your disposal. It is ridiculous to say that anyone is "forced" to give birth with a CPM.
Insurance should be mandated, because until it is, CPM's will continue to cry "poverty!" at every turn. If CPM's want to be licensed, they should also carry insurance and truly start to act like professionals. Consumers need to be protected! You should have heard the outcry when CAR insurance became mandatory! Oh, it's so unfair! People can't afford CAR insurance! That's so wrong, to force people to pay for insurance! But we're all used to having to have CAR insurance now. It's a fact of life. No one is going broke over it. And if you're hit by an uninsured driver, and you have insurance (depending on your coverage) you will still receive recompense. Most of you are probably too young to remember when car insurance was NOT mandatory, but now it is just routine. If midwives want to be recognized as legal and professional they should carry insurance like all other maternity providers. What's the big deal? If you practice safely and responsibly, then insurance will be reasonably low and will not increase much over time. If you're able to accept more clients and bill insurance as well, then you can balance your costs of insurance. Crying "poverty" doesn't release the midwife from the obligation to be professional and also to be able to be held accountable for any mistakes, negligence or gap in care.