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.

February 22, 2025

Substance and Structure of Midwifery Practice

Updated January 12, 2026

Identity Crisis

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The Dreaded Question

“ Why would anyone want to go to a midwife?”  These were the first words from a physician-in-law on the first day we met. I was accustomed to a different question: “Why did you want to be a midwife?” After wishing that I could vanish into thin air, I stuttered something to the effect of: “less intervention and better outcomes, “more natural, “better relationships and communication. I promised myself I would be prepared for this question the next time.

Although the midwife question unnerved me, it was valid and one I’ve considered on occasion.  It is present in the eyes of strangers and friends when discussing midwifery. After decades of practice, I can answer with confidence, fortified over time by my CNM colleagues, supportive physicians and nurses, and those I’ve been delighted to support in childbirth.  Following countless deliveries and a long career, the more appropriate question has become, “Why wouldn’t anyone want to go to a midwife?

Where Did the ACNM Standards Go?       

Despite the intense gratification and personal rewards associated with my career choices, professional midwifery and law practice have, over time, revealed one disturbing reality. A segment of practicing CNMs is failing to incorporate ACNM standards into individual practice. This realization developed from observing the testimonies of nurse-midwives on trial for malpractice and from the testimony of midwifery expert witnesses.

CNM Testimony At Trial

It has been difficult to review the testimony of nurse-midwifery defendants and expert witnesses, who justify, under oath, their departure from ACNM practice standards, core competencies, and ethics. These documents establish the professional basis for the care that Certified Nurse-Midwives and Certified Midwives provide. 

Adherence to ACNM Standards and Documents

I have come to the conclusion that a number of certified nurse-midwives have chosen to conform the basis and quality of their practice to the institutional and medical models of their chosen workplace.  While this may be understandable to a certain extent, the apparent departure from the ACNM practice documents is unexpected. I can understand why this might happen in the pressure-cooker context of litigation, but I still find it an alarming departure from ACNM standards of practice.

I acknowledge the legal practice of intense witness preparation and persuasion to support a specific claim or defense, and this might be partially to blame. But for CNMs to deny and misrepresent, in courtroom appearances, the very first principles they were taught in their educational programs is particularly disturbing, especially since they are representing a profession that is already misunderstood.

Swear to tell the truth. . . . .                                                                                                                                        unsplash-image
Photo by Swear to tell the truth. . . . .

Medical-Legal Review in CNM Education?

At the very least, I would advocate for the CNM/CM certification and re-certification materials to include additional journal articles and questions related to ACNM practice standards, ethics, and competencies, including litigation vulnerabilities in practice.  In addition, it might be helpful for collegiate and certificate midwifery programs to incorporate pertinent medical-legal articles and recommendations into their educational materials and clinical teaching.

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