Safeguarding modern midwifery

About the Author

Uniting clinical expertise and legal perspective to reveal how midwifery is interpreted—and often misinterpreted—across courts and hospitals.

Martha E Merrill-Hall portrait
Martha E Merrill-Hall JD MS CNM

Martha has led CNM practice across private, Indian Health Service, hospitalist, and critical access settings while litigating personal injury and professional malpractice cases.

Today she researches verdict trends, policy shifts, and licensure actions from the Rocky Mountains—equipping midwives, patients, and counsel with grounded legal insight.

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Why midwives & counsel read

Dual license perspective

Decades of private, IHS, hospitalist, and critical access CNM practice pair with JD work representing both plaintiffs and defendants in professional malpractice.

  • Pro bono defense of advanced practice providers facing board actions.
  • Expert witness experience in midwifery negligence claims.

Where I've practiced

Licensed across Colorado, Montana, Nebraska, Iowa, New Mexico, California, and beyond—spanning CNM hospitalist teams, Indian Health Service care, and cardiology/critical care nursing roots in Vermont and Maine.

Today I research verdicts, legal seminars, and policy shifts from the Rocky Mountains.

What Martha hopes readers gain

  • Historical context for how CNMs/CMs secured hospital privileges and where culture still lags clinical reality.
  • Plain-language breakdowns of licensure boundaries, malpractice myths, and courtroom expectations.
  • Validation for midwives, attorneys, and patients who need equitable framing of the profession’s contributions.
  • Strategies to translate courtroom narratives back into safe bedside practice.

May 26, 2025

Midwifery Profile and EMTALA - Part 4

Updated January 12, 2026

Radek Skrzypczak      unsplash image
Photo by Radek Skrzypczak on Unsplash

Patient Presentation and Variable Research

Variations are appreciated and expected when encountering competing research findings. Women will always labor outside of research expectations, despite best practices and labor models' predictions. CNMs/CMs will recognize the contracting multigravida at 1 cm, presenting to triage with her hair on fire, who delivers within minutes. Also familiar is the nullipara, discharged with a closed cervix, who returns within an hour, having delivered her baby in the car on the way back to the hospital.

Clinician performance may also fall outside professional expectations. Too often, research recommendations are misunderstood or misapplied, favoring the provider's agenda rather than the unique needs of the laboring woman. Delay in addressing these needs or in awaiting an arbitrary milestone of dilatation might be unintentionally abusive. Nurse-midwifery practice must first consider the needs of a vulnerable human woman, over any specific performance model. Friedman and Zhang have both shown that dilatation curves are never sufficient for making final decisions.1-3 Research studies and analytical conclusions inform and enhance midwifery management when applied within the broader context of experience, empathy, well-established science, and committed surveillance. CNMs and CMs should seek to avoid stubborn adherence to one isolated feature (e.g., 6 cm dilatation) in any set of research guidelines.

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Photo by Fereira on Unsplash

Maintaining the Midwifery Knowledge Base in Practice

Due to the less-than-ideal public professional profile of midwifery, maintaining a current professional knowledge base is protective. This is particularly true in litigation-prone environments. In legal proceedings and everyday practice, the importance of displaying professionalism and scientific acumen cannot be overstated. What any individual midwife has memorized regarding EMTALA, or embraced in specific research, must include an ability to understand, apply, and even testify to the important legislative considerations and scientific evidence that informed the basis for triage care that may come into question.

Physician/Attorney Presentations on “Midwifery Challenges”

Prominent individuals in the medical-legal environment have been lecturing on what they represent as "midwifery challenges" in litigation. These published physicians and lawyers are presenting their idea of midwifery incompetence, citing "lack of knowledge in the basic sciences, physiology, obstetrical literature reports, and ACOG policies. ".4 Naturally, midwives were not invited to comment or affirm these faulty allegations.

The conference materials offered to those litigating midwifery negligence cases can negatively influence a panel of jurors. Nurse-midwives must be willing to defend their care in several ways, beginning with documentation in the medical record. A willingness to demonstrate, every day, the practical and scientific foundations for midwifery management is important. This will raise the professional profile of midwives and provide evidence to medical malpractice professionals that CNMs and CMs possess the knowledge and competence to provide reasonable, scientifically based plans of care for their patients.

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Photo by Ethan Robertson on Unsplash

1. Cohen WR, Friedman EA, Perils of the new labor management guidelines. Am J Obstet Gynecol. April 2015: 420-427.

2. Zhang J, Troendle JF, Yancy, MK. Reassessing the labor curve in nulliparous women: TRANSACTIONS OF THE TWENTY-SECOND ANNUAL MEETING OF THE SOCIETY FOR MATERNAL-FETAL MEDICINE. Am J Obstet Gynecol. 2002; 187(4): 824-828.

3. Lauphon SK, Branch DW, Beaver J, et al. Changes in labor patterns over 50 years. Am J Obstet Gynecol. 2012:206:419:e1-e9.

4. American Conference Institute, 19th Annual Advanced Forum on Obstetric Malpractice Claims: Analyzing Claims against L&D Nurses and Midwives in OB Cases. November 9, 2020. Benjamin A. Post, Esq., Daryl L. Zaslow, Esq., Michael G. Ross, MD, MPH.

http://www.midwivesontrial.com

© 2024 Martha Merrill-Hall