Our midwife didn't diagnose a fatal syndrome during pregnancy

[NickBoyer]

What is the name of your state (only U.S. law)? UT

My wife had a bad feeling about 35 weeks into her pregnancy. It turned out to be H.E.L.L.P. syndrome which is a life or death situation. The only cure is to have the baby ASAP. We initially went to our midwife and she didn't diagnose it. A week later while having this syndrome my wife felt the same. The midwife once again wasn't able to diagnose it. That same day we went to an instacare that did a blood test and told us what it was- liver failure, and to have the baby out immediately, which we did.

That week of having this syndrome could've resulted in death of the mother or baby. Do we have a case of malpractice?
At no time did the midwife give us a diagnoses or warning to have an emergency labor inducing or C-section.

Is this grounds for a lawsuit?

Thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? UT

My wife had a bad feeling about 35 weeks into her pregnancy. It turned out to be H.E.L.L.P. syndrome which is a life or death situation. The only cure is to have the baby ASAP. We initially went to our midwife and she didn't diagnose it. A week later while having this syndrome my wife felt the same. The midwife once again wasn't able to diagnose it. That same day we went to an instacare that did a blood test and told us what it was- liver failure, and to have the baby out immediately, which we did.

That week of having this syndrome could've resulted in death of the mother or baby. Do we have a case of malpractice?
At no time did the midwife give us a diagnoses or warning to have an emergency labor inducing or C-section.

Is this grounds for a lawsuit?

Thanks

What are your damages? Mom and baby are fine, correct?

Was your wife actually under the care of a physician (midwives are generally NOT MDs) ?

 

[sandyclaus]

What is the name of your state (only U.S. law)? UT

My wife had a bad feeling about 35 weeks into her pregnancy. It turned out to be H.E.L.L.P. syndrome which is a life or death situation. The only cure is to have the baby ASAP. We initially went to our midwife and she didn't diagnose it. A week later while having this syndrome my wife felt the same. The midwife once again wasn't able to diagnose it. That same day we went to an instacare that did a blood test and told us what it was- liver failure, and to have the baby out immediately, which we did.

That week of having this syndrome could've resulted in death of the mother or baby. Do we have a case of malpractice?
At no time did the midwife give us a diagnoses or warning to have an emergency labor inducing or C-section.

Is this grounds for a lawsuit?

Thanks

Was this a certified nurse midwife? Did she work in conjunction with a licensed obstetrician?

HELLP syndrome can be difficult to diagnose due to the variability of symptoms among patients (frequently patients have no symptoms other than general abdominal pain). I'm not entirely sure that the midwife would have even been qualified to diagnose such a condition on their own.

Also, as your wife didn't suffer any damages from the issue, there is nothing to sue for. Assuming that the midwife WAS qualified to diagnose such a condition and didn't, then if your wife or baby had died or developed serious complications from the syndrome, you MIGHT have some recourse. You can't sue for what MIGHT have happened, only what DID happen, and the results thereafter.

 

[ecmst12]

What symptoms did she describe to the midwife and what was she advised to do about them?

 

[NickBoyer]

She wasn't a CNM. She advised us to do nothing about it. Had we listened to her I believe my wife or baby would've gone untreated and resulted in death.
She is a licensed Midwife and did do tests that found protein in the urine and high blood pressure along with abdominal pain. These symptoms were ignored.

My wife is healthy along with baby since we went to an instacare and ignored the Midwife's instructions to just rest.

So, in my opinion the midwife should have had us do blood work or the very least told us to go to someone who could diagnose the syndrome. She mentioned we could do blood work but they said in passing and said its expensive and unnecessary. That seems like malpractice to me. If you see a med professional who can't do it, aren't they required to send you to someone who can? Or just let you die? When we told her the diagnosis she said she was thinking it could be H.E.L.L.P. syndrome.

 

[Ohiogal]

She wasn't a CNM. She advised us to do nothing about it. Had we listened to her I believe my wife or baby would've gone untreated and resulted in death.
She is a licensed Midwife and did do tests that found protein in the urine and high blood pressure along with abdominal pain. These symptoms were ignored.

My wife is healthy along with baby since we went to an instacare and ignored the Midwife's instructions to just rest.

So, in my opinion the midwife should have had us do blood work or the very least told us to go to someone who could diagnose the syndrome. She mentioned we could do blood work but they said in passing and said its expensive and unnecessary. That seems like malpractice to me. If you see a med professional who can't do it, aren't they required to send you to someone who can? Or just let you die? When we told her the diagnosis she said she was thinking it could be H.E.L.L.P. syndrome.

She was not a CNM and she was licensed in Utah? Really? Because according to what I am finding, to be licensed a Midwife is a Certified Nurse Midwife. Who licensed her? From what school did she graduate? What was her background?

 

[tranquility]

Since you have no damages, you have no lawsuit. You were not hurt. What would make you whole?

I guess you could complain to the licensing bureau if you feel motivated.

http://www.dopl.utah.gov/investigations/complaint.html

 

[CJane]

There are no damages to sue for, even if this WAS a case of malpractice (and I don't think it is).

 

[ecmst12]

You are absolutely right that the midwife should have told you to go to the hospital immediately. Fortunately, you eventually got the care you needed and have no damages, so you have nothing to sue for. However, I hope you have learned your lesson about going to an unqualified practitioner to oversee your pregnancy. There is a reason that only CNMs can be licensed to practice, and in most states they need to practice alongside an MD. This is not the first time I've heard of someone calling herself a "midwife" ignoring warning signs of pregnancy complications, and some of the other stories I've heard did not have such happy endings. If this "midwife" you saw was actually licensed, I would definitely make a complaint to the licensing board...but I bet she wasn't even licensed by anyone.

 

[RRevak]

You are absolutely right that the midwife should have told you to go to the hospital immediately. Fortunately, you eventually got the care you needed and have no damages, so you have nothing to sue for. However, I hope you have learned your lesson about going to an unqualified practitioner to oversee your pregnancy. There is a reason that only CNMs can be licensed to practice, and in most states they need to practice alongside an MD. This is not the first time I've heard of someone calling herself a "midwife" ignoring warning signs of pregnancy complications, and some of the other stories I've heard did not have such happy endings. If this "midwife" you saw was actually licensed, I would definitely make a complaint to the licensing board...but I bet she wasn't even licensed by anyone.

I know someone in my area in a similar situation. Went overdue by a week, baby suddenly stopped moving, midwife ignored signs and allowed her to go another week while telling her that the baby prob just ran out of room, in the end she went to an er where her unborn daughter was pronounced dead. She delivered stillborn via c-section.

OP I know you're angry, and you have every right to be, but your child is healthy and your wife is ok. Consider this a HUGE blessing and enjoy your wife and child rather than let your anger get the better of you. You dodged a major bullet and you should be thankful your situation turned out for the best. Although I would mirror another posters suggestion of filing a formal complaint on this midwife.

 

[ecmst12]

Yup, risk of stillbirth starts increasing after 41 weeks...sometimes it really is better to NOT let nature take its course. There are actually some great midwives out there (CNMs), but I'm still much happier with my OB.

 

[Proserpina]

Regarding midwives and doulas - many parents choose this system themselves without bothering to see an ob/gyn during the entire course of the pregnancy.

And some parents don't bother to check out the background of the caregiver.

 

[ecmst12]

The amount of harm a doula can do is really minimal, since they have no direct power over the process and are just there for support. But a midwife that doesn't know and respect the situations where a woman needs to be referred to an MD can do some serious damage. Someone presenting with high blood pressure and protein in urine needs to be immediately evaluated by a doctor. Add abdominal pain to that mix and you have someone who needs to go to the ER. *I* learned that in nursing school, a midwife who doesn't know it has no business treating even the most routine pregnancy.

 

[anearthw]

With respect, a qualified trained and licensed midwife is perfectly suitable for a routine pregnancy. I have had the standard OBGYN and also a midwife for separate pregnancies, and the midwife did a much better job dealing with the shoulder dystocia than the OBGYN did (as it occurred with both labours). There are reasons that people choose trained/qualified/licensed midwives, and there are plenty of statistical outcomes to show why. I'm not trying to start a debate, but I would like to point that out before this devolves into a midwife-bashing thread.

One of the problems with the medical system in the US (because things are highly regulated/standardized in other similar countries such as Canada and the UK), is a lack of consistent training and qualifications. Every Canadian midwife takes the same five year midwife degree.

I would like to know if our OP chose someone who calls herself a midwife but does not have any actual qualifications or licensing. I could call myself a midwife tomorrow, that does not mean there is a problem with midwife care, it means there is a problem with someone masquerading as something they are not.

At every midwife appointment beyond a certain week (I don't recall, but it must have been around 5-6 months), there was a urine analysis and blood pressure check, as well as any call that came outside a typical appointment.

 

[ecmst12]

I have no issue with qualified midwives, just with incompetent ones. I PERSONALLY am more comfortable with an MD, but there is nothing wrong with a low risk woman choosing a midwife instead....as long as that midwife knows when a patient is no longer low risk and needs to go to the damn doctor.