Choosing a community birth involves a high level of trust in your care provider. While many people choose a Portland midwife for a natural experience, these providers have a legal duty to monitor the safety of you and your baby.
If your midwife failed to recognize a high-risk complication or, in the case of a Licensed Direct Entry Midwife (LDM), failed to follow state mandated transfer protocols, you may have grounds for a medical malpractice claim.
Oregon transfer protocols
In Oregon, LDMs must follow specific safety protocols. These administrative rules categorize medical complications by risk levels. These levels determine whether an LDM must arrange for immediate emergency transport or a planned hospital transfer. When a licensed provider fails to identify these “red flags” or ignores the required response level, the results can be devastating.
Specific situations that often require a hospital transfer include:
- Abnormal fetal heart tones that may indicate oxygen deprivation
- Signs of maternal infection or preeclampsia
- Labor that fails to progress over an extended period
- Excessive postpartum hemorrhage
Delays in transfer can significantly increase the risk of permanent brain injuries or other physical trauma. In a legal case, medical experts evaluate the impact of such a delay to determine if the timing met the required standard of care for that provider.
Medical negligence in community births
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care. For a midwife, this means failing to do what a reasonably competent midwife would have done in the same situation. This often involves a failure to screen for high risk factors during pregnancy or a failure to recognize that a labor has become dangerous.
Your legal rights and the standards used in court vary depending on the provider. While LDMs must follow Oregon Administrative Rules (OARs), some “traditional” midwives in Oregon practice without a license. A claim against an unlicensed traditional midwife relies on general negligence principles. Unlike LDMs, they are not subject to Board disciplinary actions or specific OAR mandated safety protocols. This can make legal recovery more complex.
The importance of acting fast
Oregon law imposes strict deadlines. You typically have two years to file a medical malpractice claim. While certain rules may allow for additional time when a minor is involved, a “statute of ultimate repose” limits how long you can wait.
Preserving your right to take action
The lifelong costs of a birth injury can reach millions of dollars. These expenses often include specialized medical equipment, 24-hour nursing care and physical therapy. Because of that, you may need to seek professional legal guidance to help you determine if a medical error caused your child’s condition. Consider speaking with an attorney who focuses on birth injury cases to evaluate your options.