Midwifery Malpractice Can Lead to Wrongful Death

Obstetrics has long been a field embattled with wrongful death malpractice lawsuits. The circumstances around these suits have always interested both the scientific community and media from St. George, Utah to the East Coast. 

As it stands, obstetrics physicians are not the only practitioners exposed to the threat of malpractice and the scrutiny of the media. Midwives are just as vulnerable to wrongful death lawsuits. 

Midwifery stretches back through antiquity, first recognized as an occupation in ancient Egypt. In more modern times, the profession has been a cause for debate amongst doctors, parents and legislators. 

Under a law passed in 2005, midwives in St. George and the remainder of Utah are not required to be licensed to perform home births. While some midwives believe that licensing offers legal protection, a lawyer can file a malpractice suit against a midwife, whether he or she is licensed or not. 

In the case of wrongful death during a midwife-led home birth, malpractice can be followed up with criminal charges. 

Such was the case in 2012, per the Salt Lake Tribune, when Valerie El Halta was charged in the 7^th District Court with unlawful conduct, negligent homicide and reckless endangerment after a disastrous home birth. 

The Salt Lake Tribune reported a 41-year-old woman almost lost her life due to a botched vaginal birth after C-section (VBAC) conducted by El Halta. A week later, she lost her baby from oxygen deprivation. 

Per the Tribune, investigators discovered El Halta administered four doses of Cytotec, a vaginal pill used to induce labor and is known to cause uterine rupture.  The next night, the mother started vomiting and had diarrhea. 

El Halta then attached a “vacuum” to the baby’s head and sucked it out in one pull, causing serious damage to the mother’s vaginal area. The baby was tightly wrapped in the umbilical cord and was not breathing. 911 was finally called, the Tribune reported. 

Midwives, obstetrics and parents around the country and in St. George were shocked by the investigation’s findings. 

Almost a year later, after receiving advice from her lawyer, El Halta pled “no contest” to the counts of unlawful conduct and reckless endangerment. The negligent homicide charge was dismissed. She was sentenced to 72 months probation, required to pay $78,700 in restitution and was barred from practicing midwifery in St. George and anywhere else in the state of Utah. 

The family did not retain a lawyer or pursue a wrongful death lawsuit. 

Malpractice in midwifery does not always lead to a need for a lawyer, as it did for El Halta. Many midwives, both licensed and unlicensed, rely on the protection of malpractice insurance. In most instances, the insurance is enough.

Alex Kirkwood is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter