$5M settlement in Idaho midwifery negligence case–but will there be justice?

By: Angela

According to the Associated Press, two midwives in Meridian, ID have agreed to a $5M settlement with the parents of a baby with permanent damage after a negligently handled delivery. The settlement came on the eve of trial.

However, the settlement is likely cold comfort for the family, and the families of other babies negligently delivered by these midwives (including three deaths). This is because the clinic and the providers practiced without medical malpractice insurance. This practice, called “going bare,” is more common that most patients realize.

Realistically, the family is unlikely to recover very much of the settlement amount because it is rare that providers have sufficient personal assets to cover a verdict or settlement amount. According to the plaintiffs’ attorney, the defendants in this case are planning to seek bankruptcy protection.

Many people are unaware that their providers sometimes practice without malpractice insurance. This includes doctors, midwives, and other health care professionals.

Look for providers with affiliations and privileges at hospitals in your area; most hospitals require that providers carry a minimum level of insurance, or provide it as part of employment. If in doubt, ask the simple question: “Do you carry liability insurance?”