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Interested in opinions...  

post #1 of 7
Thread Starter 
Hello all, I came across this while browsing one day and am interested in hearing your thoughts on it:

Midwives thrive in Anabaptist populations such as the Amish and Mennonites because the people of those populations will not sue the midwife for a poor outcome due to their religious convictions. While poor outcomes are rare, they can happen anytime in birth. When lawsuits do occur it often marks the end of a midwife’s career, causing financial ruin and at worst jail time for the midwife.



Part of choosing a homebirth is placing yourself- the mother and father- of the baby as the responsible party. If you cannot as a parent handle the fact that you might bear a child with severe problems, you might need to re-think what you are asking of reality. Anyone who risks the joys of birth also risks having a child who is less than perfect. If you choose to view such a birth, not as an Act of God, but as something that needs to have blame placed on someone, you are not a good candidate for homebirth.



If you need to express your grief and suffering on these matters through legal means, you must consider the hospital and it’s protocols as your only choice. You are responsible for the risks and benefits of your birth and the risks you put yourself and your child through in your life. It is your job to make sure the person you have decided to have in front of you during your birth is a qualified professional with the equipment, training and skills to handle your birth and what might come up in it. Midwifery cannot guarantee a perfect child but it can give you the best odds of it occurring.



There is no malpractice option for those who choose homebirth, so either choose homebirth because it is the right decision for you and your family and your belief system or go to the hospital and enjoy the standard of care there.
post #2 of 7
Thank you for sharing>
post #3 of 7
I don't think that it is parents who are unhappy about an outcome that normally bring midwives up on charges but the DA.
post #4 of 7
I really like this statement you shared. Have considered using something very it myself with new clients, but I don't because well, being a mw just takes some acts of faith--knowing that one's faith in people will at times be misplaced!

But to offer a correction to a pp--you are right that it is not often parents who make complaints to the State about mws, that lead to prosecution. However, it is also not the District Attorneys who instigate complaints. It is most often doctors, and/or other hospital personnel, who originate complaints against mws. They complain to the DA--because the DA is the one you go to, to get criminal prosecution under way (or drs complain to the State med board, who then passes complaint to DA.)

Sometimes, tho, parents do complain to the State (to Med Board or DA).
post #5 of 7
I think lawsuits-whether against OBs or midwives-should be saved for when they're truly warranted. MIdwives aren't perfect and there should be a way to hold them accountable when they are negligent. And OBs should be held responsible when they cause harm by doing too MUCH as well as too LITTLE.

I do believe that parents, no matter where they birth, need to understand that there are no guarantees in birth, that THEY must take responsibility for their care and their birth and their newborn. Mostly, when left alone, birth goes right. But not always, and that's just a fact of life.
post #6 of 7
Bad outcome (infant or maternal morbidity or complications) is one thing, it may have little to do with the care provider and if it has nothing to do with them there is no reason to attack them. Still, legal recourse should be taken if they take wrong action or neglect to do what they should.
post #7 of 7
Quote:
Originally Posted by SublimeBirthGirl View Post
I think lawsuits-whether against OBs or midwives-should be saved for when they're truly warranted. MIdwives aren't perfect and there should be a way to hold them accountable when they are negligent. And OBs should be held responsible when they cause harm by doing too MUCH as well as too LITTLE.

I do believe that parents, no matter where they birth, need to understand that there are no guarantees in birth, that THEY must take responsibility for their care and their birth and their newborn. Mostly, when left alone, birth goes right. But not always, and that's just a fact of life.
What she said.
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