DOUBLE STANDARD? OB v. MidWife?

So I read an article on Slate.com today about a Virginia Midwife that will go to jail because of her negligent handling of a home delivery.

According to the Washington Post, the midwife was not licensed in Virginia and ignored signs of fetal distress. The failed delivery tragically lead to the death of the child and to manslaughter charges.

I am not sure how I feel about this. I am glad there is a civil system that provides a possible remedy, but often advocate that those who abuse or neglect the elderly should face criminal charges. But what about a case where the parents knowingly accept the risks of home birth?

No opinion today. Just a thought and a question – if this had been an OB who had made a mistake, ignored signs of distress, failed to become licensed in the state, etc., would these criminal charges have been filed?

I doubt it.

Lauren Ellerman
Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.