Safeguarding modern midwifery

Midwives On Trial

Analysis, advocacy, and frontline stories for midwives navigating today’s legal landscape.

Why midwives & counsel read

Practice standards briefs

Concise guides that connect CNM/CM standards of care with real liability scenarios so bedside decisions stay defensible.

System risk diagnostics

Analyses of hospital culture, corporate policy shifts, and knowledge gaps that heighten day-to-day legal exposure.

Representation insight

Briefings that give counsel, clinicians, and midwives the context to prosecute or defend CNM/CM cases responsibly.

June 20, 2024

All Midwives Are Not The Same

Updated January 12, 2026

Jorgen Haland  unsplash-image
Photo by Jorgen Haland

From a medical-legal standpoint, the ability to differentiate between types of practicing midwives in the community allows determination of specific:

 1) legal standing in the community

 2) midwifery skills and background

 3) individual standards of practice

 4) educational background/degrees/certification

 5) philosophies/attitudes and how they are applied to prospective clients

 6) relationships and/or arrangements with the medical community/ hospitals/emergency medical services

 7) contingency plans if things go wrong/choices to be made in emergencies

 8) practice settings: hospital/birth center/home

 9) financial arrangements and/or malpractice insurance coverage

 10) local rules, regulations, and community expectations for practice

      Consumers and attorneys need to understand the differences between midwives and the unique aspects of each practice.  For instance, a CPM or a Lay midwife will be judged by a different standard of care than CNMs or CMs. Some midwives practice in hospitals, others in free-standing birth centers or the client’s home. 

Variations between birth settings and how different midwives practice within them are necessary considerations for consumers and attorneys alike.   For attorneys, properly representing a consumer or defending a midwife will depend on appreciating the potential lack of equivalence among midwives.  For consumers, understanding the specifics of what individual midwife providers can and cannot provide in the childbearing process is crucial when weighing factors such as health, safety, satisfaction, and trust.