Hot Topic (11/3): Home birth--when things go wrong
Famous Midwife Sued Over Stillbirth
A high-profile midwife who was featured in a New York and the documentary The Business of Being Born is being sued by a Manhattan couple who blame her for their baby's death. The midwife, Carla Muhlhahn, is one of the most well-known midwives, and it's not the first time she's been sued; in 2003, she settled a $950,000 lawsuit after a baby was partially paralyzed. In the current lawsuit, Catherine and Ricardo McKenzie accuse Muhlhahn of gross negligence and recklessness during the delivery, which lasted three days in their West 113th Street apartment.
Lawyers for the McKenzies say Muhlhahn (and two midwives assisting her) broke state law by failing to refer Catherine McKenzie to a doctor during the long delivery, even though a hospital was less than two blocks away. They also fault Muhlhahn for failing to have a written practice agreement with a hospital where a licensed doctor could provide care. A heartbreaking comment left on the New York website may be from the McKenzies; according to the Post, the baby had been strangled with her umbilical cord.
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Cara Muhlhahn
i say to each their own, as far a responsibility well there is obviously always a risk factor, just like in a hospital birth, but in a home birth the responsibility is more on you. As far as the midwife if she knew something was really wrong and still did nothing, then i think she would share in the responsibility, but if not well then no.
I think this is a heart-breaking situation, and that the parents are probably lashing out because they are angry, grieving, and looking for someone to blame. I do think that they probably knew ahead of time that she didn't have the practice agreement, and were okay with it before all this happened. Those are the kinds of things midwives disclose before you sign a contract with them.
If the midwife broke state law, then she is responsible for that, and should face whatever criminal charges are applicable. However, with that said, it's not as if the midwife had the laboring woman tied to the bed and held prisoner. The parents obviously agreed with letting the labor continue at home. According to the article, there was a hospital two blocks away, so if the parents became concerned and wanted a doctor, they certainly could have had one treating the woman within minutes.
I don't think anyone is to blame for the baby's death. Everyone likely did what they thought was best. When you decide on a home birth, you choose to have more control over your labor and delivery in exchange for a doctor's presence and immediate access to an OR. It's not as if the parents didn't know this.
Um... it's a sticky, so you don't really need to bump it. :P
Quoting usmchoney:
BUMP
If the midwife broke the law she should be sued, however why didn't the spouse or mom take charge and call an ambulance after 12 hrs of labor? Someone should have stepped in and said this isn't right. 3 days seems extreme to me.
I'm not personally comfortable with home birth, but respect the practice very much. I agree with this:
Quoting jenzachsam:If the midwife broke the law she should be sued, however why didn't the spouse or mom take charge and call an ambulance after 12 hrs of labor? Someone should have stepped in and said this isn't right. 3 days seems extreme to me.
How do you feel about home birth? Its not for me personally. I like a hospital setting.
Quoting Cafe GroupAdmin:How do you feel about home birth?I think it should be an option. It wasn't for me, because it isn't legal here.Do you think women who choose home birth share responsibility when things go wrong? I suppose. Do they also share responsibility when they're not educated on procedures in hospital? I mean, that would only be fair...Is this midwife to blame for the outcome? She probably should have transferred- although let's get real here. Babies are damaged during the birthing process all the time in a hospital with a surgeon attending. So are women. I've seen more than my share of second surgeries for forgotten sponges, enormous lacerations, nicked intestines. Birth can be dangerous- what we know, is that it's USUALLY less dangerous the less you mess with the process. Thing is, you have to know when it's appropriate to 'mess with the process'. If that makes any sense at all. People on both sides get a little crusade-y sometimes and forget the ultimate goal- the delivery of a healthy baby with a healthy mom.
Quoting Mergath:
I think this is a heart-breaking situation, and that the parents are probably lashing out because they are angry, grieving, and looking for someone to blame. I do think that they probably knew ahead of time that she didn't have the practice agreement, and were okay with it before all this happened. Those are the kinds of things midwives disclose before you sign a contract with them.
If the midwife broke state law, then she is responsible for that, and should face whatever criminal charges are applicable. However, with that said, it's not as if the midwife had the laboring woman tied to the bed and held prisoner. The parents obviously agreed with letting the labor continue at home. According to the article, there was a hospital two blocks away, so if the parents became concerned and wanted a doctor, they certainly could have had one treating the woman within minutes.
I don't think anyone is to blame for the baby's death. Everyone likely did what they thought was best. When you decide on a home birth, you choose to have more control over your labor and delivery in exchange for a doctor's presence and immediate access to an OR. It's not as if the parents didn't know this.
I agree. The parents could have - at any time - demanded to be taken to the hospital. By the same token, the midwife should have turned them over to a hospital after 12 hours of labor. Everyone is to blame in this situation.
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- Cafe GroupAdmin
on Nov. 3, 2009 at 2:07 AM