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.

Back to About

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.

July 20, 2024

Mid-level Mortification Part 2

Updated January 12, 2026


Modern Challenges in Midwifery

Online Marketing

        “I really hate it when a nurse-practitioner is called a mid-level provider.  Mid-level provider is not a legal or academic term.  It is slang developed to demean or minimize a health professional who is not an MD.  The term “mid-level provider” is aimed at nurse-practitioners (NP’s), as well as physician assistants (PAs), and certified nurse-midwives.  It is insulting to health professionals and to the patients they serve.  Mid-level implies that he or she provides middle-of-the-road or average care.  Who then delivers high-level care?  It must be the MD, of course.  So who delivers the lowest level of care? Nurses?

Patti Brito

Patti Brito

            It is insulting to anyone who has decided to pursue higher education that he or she has finally achieved mid-level competence.  Maybe the term originated from the number of years of training.  I understand that physicians have more years of school than practitioners.  But most of us know that we define ourselves as we begin working on our own and take responsibility for our own decisions.[1]

     Hierarchies of Care      

Vertical hierarchies in obstetrical care feature the physician on top, nurse-midwives/nurse practitioners in the middle, and labor and delivery nurses at the bottom. Instead of promoting a teamwork approach to care, where one provider is not more valuable than another, vertical hierarchies devalue and disregard the contributions of those considered to be in lower tiers. Decisions and plans for care tend to flow in one direction, top-down.  With this dynamic, effective teamwork is nearly impossible, and ultimately, the patient suffers.

Luis Melendez

Luis Melendez

Best care can flourish when all team members are equally involved, and everyone cooperates and contributes within their individual scope of practice

Critical Events Team Training

Visualize a horizontal model where all providers contribute equally.  Optimal care fails when a segment of this model is not allowed to contribute or is missing. Unfortunately, the scope of practice is not well understood between provider specialties. Before engaging in critical events team training, members envisioning a well-functioning/productive team should take time to understand each specialty’s scope of practice; {nursing, labor and delivery} - {nurse-midwifery} - {obstetrics} (these positions on the horizontal model can be shuffled)  Defining and understanding the scopes of practice for each team specialty will take some effort but the information shared can only enhance team functioning Respect and responsibilities will flow side-to-side, and everyone can potentially benefit, particularly the patients.

1.      KevinMD.com. Michael D. Pappas, MD/Physician/July 14, 2014.  http://www.kevinmd.com/blog/2014/stop-calling-nurse-practitioners-mid-level-providers

http://www.midwivesontrial.co