Safeguarding modern midwifery

About the Site

Centered on CNM/CM best practice and the liability exposures inherent in contemporary clinical work.

About the Author

Why midwives & counsel read

These articles translate CNM/CM standards, legal doctrine, and hospital culture into actionable guidance so clinicians and counsel can navigate modern liability without sacrificing care.

Legal risks in everyday practice

Responsible CNM/CM care and informed legal strategy demand clarity on designations, standards, and how hospital expectations shift from unit to unit.

We outline how negative assumptions, corporate metrics, and knowledge gaps erode public trust and distort courtroom narratives.

Hospital systems & representation

Content focuses on CNM/CM hospital work—where role creep, policy churn, and inconsistent onboarding create hidden exposure.

Attorneys and administrators get primers that distinguish licensure pathways, scope boundaries, and why those differences matter in discovery.

Who this serves

  • CNMs/CMs reconciling bedside realities with evolving standards of care.
  • Hospital leaders repairing cultures of care and aligning policy with safe practice.
  • Attorneys, risk teams, and patients who need a grounded view of each midwifery designation.

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.

Fereira                unsplash image
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.

Ethan Robertson  Unspl Img
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