[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.medmalpractice.law\/blog\/what-can-you-do-when-a-home-birth-goes-wrong\/#BlogPosting","mainEntityOfPage":"https:\/\/www.medmalpractice.law\/blog\/what-can-you-do-when-a-home-birth-goes-wrong\/","headline":"What Can You Do When a Home Birth Goes Wrong?","name":"What Can You Do When a Home Birth Goes Wrong?","description":"Planned out-of-hospital births, or \u201chome births,\u201d account for around only 1 percent of the four million births that occur in the U.S. every year, data from the\u00a0Centers for Disease Control and Prevention\u00a0indicates. Still, the same data shows that the number of home births in our country has been steadily rising since the early 2000s. Due, in part, to...","datePublished":"2018-12-07","dateModified":"2026-05-07","author":{"@type":"Person","@id":"https:\/\/www.medmalpractice.law\/blog\/author\/kelley-johnson\/#Person","name":"Kelley Johnson","url":"https:\/\/www.medmalpractice.law\/blog\/author\/kelley-johnson\/","identifier":35,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/62ea8bbf737d997a737de0b59d28a202a2f010bc1081f2ca6f356f6d9949be07?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/62ea8bbf737d997a737de0b59d28a202a2f010bc1081f2ca6f356f6d9949be07?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Law Office of Kelley J. Johnson","logo":{"@type":"ImageObject","@id":"https:\/\/www.medmalpractice.law\/wp-content\/uploads\/2023\/01\/Medmalpractice-Logo-1.svg","url":"https:\/\/www.medmalpractice.law\/wp-content\/uploads\/2023\/01\/Medmalpractice-Logo-1.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.medmalpractice.law\/wp-content\/uploads\/2021\/01\/what-are-the-risks-of-home-births.jpg","url":"https:\/\/www.medmalpractice.law\/wp-content\/uploads\/2021\/01\/what-are-the-risks-of-home-births.jpg","height":167,"width":251},"url":"https:\/\/www.medmalpractice.law\/blog\/what-can-you-do-when-a-home-birth-goes-wrong\/","about":["Medical Malpractice Law"],"wordCount":703,"articleBody":"Planned out-of-hospital births, or \u201chome births,\u201d account for around only 1 percent of the four million births that occur in the U.S. every year, data from the\u00a0Centers for Disease Control and Prevention\u00a0indicates. Still, the same data shows that the number of home births in our country has been steadily rising since the early 2000s. Due, in part, to its large Amish population, Indiana actually ranks among the top 10 states for home births, according to\u00a0news reports.Women choose to give birth at home instead of in a hospital for many different reasons, including cultural and religious reasons. According to the\u00a0Pacific Standard, the results of an online survey indicate that concerns about birth injuries also motivate many women to give birth at home. Researchers who conducted the study found that women \u201cequated medical intervention with reduced safety\u201d and trusted their bodies to give birth without interference.Home Births Can Carry Significant Risks Resulting in Injury or DeathDespite the increasing popularity of planned home births, research has found that it can carry risks. For instance, a study published in the New England Journal of Medicine examined the outcomes of 80,000 births in Oregon over a two-year period. The researchers found that planned home births carried a higher risk of neonatal seizures and neonatal death than hospital births.The\u00a0American College of Obstetricians and Gynecologists\u00a0(ACOG) takes the position that hospitals and accredited birth centers are \u201cthe safest settings\u201d for giving birth, but it also recognizes that \u201ceach woman has the right to make a medically informed decision about delivery.\u201d The ACOG notes that women should be informed that planned home births are associated with fewer maternal interventions than hospital births. However, they are also associated with \u201cmore than twofold increased risk of perinatal death\u201d and a \u201cthreefold increased risk of neonatal seizures or serious neurologic dysfunction.\u201dACOG cautions against women giving birth at home if there is more than one fetus, fetal malpresentation or a prior C-section delivery. If a woman chooses a home birth, the ACOG states that \u201ccritical\u201d factors for achieving a favorable outcome include the availability of an obstetrician, certified nurse-midwife or a certified midwife or midwife whose education and licensure meet International Confederation of Midwives\u2019 Global Standards for Midwifery Education. The availability of safe and timely transportation to a nearby hospital is also an important factor, according to the ACOG.Who Could Be Held Liable If a Home Birth Goes Wrong?Previously, in Indiana, only a licensed doctor or certified nurse-midwife could perform home births. However, in response to the home birth trend, Indiana has created a direct entry midwife certification program.As the\u00a0Fort Wayne Journal Gazette\u00a0reports, a person can obtain certification and legally assist with home births if the person is at least age 21, meets educational and Certified Professional Midwife (CPM) requirements, carries sufficient liability insurance and has a \u201ccollaborating agreement\u201d with a doctor. Through August 2018, the program had issued certification to 12 direct entry midwives in Indiana, the newspaper reports.By requiring direct entry midwives to obtain certification and collaborate with doctors, the program should hopefully reduce the safety risks associated with home births. At the same time, by requiring liability insurance, the program gives mothers the ability to pursue compensation for medical expenses and other damages if a home birth goes wrong due to a midwife\u2019s negligence.It is important to point out that under I.C. 25-23.4-8-2 a doctor who enters into a \u201ccollaborating agreement\u201d with a certified, insured direct entry midwife may not be held liable except in cases of \u201cgross negligence or willful or wanton misconduct\u201d in regards to that collaboration. With that said, the doctor could face potential liability if the doctor provided negligent direct care that caused harm.Our Indianapolis Birth Injury Lawyer Can Help YouIf you believe that medical negligence caused\u00a0harm to you or your child during a planned home birth or hospital birth in Indianapolis, you should consult with an experienced and compassionate\u00a0medical malpractice attorney at the Law Office of Kelley J. Johnson as early as possible to learn about your legal rights and options. Call or\u00a0reach us online\u00a0today to discuss your case in a free and confidential consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.medmalpractice.law\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Can You Do When a Home Birth Goes Wrong?","item":"https:\/\/www.medmalpractice.law\/blog\/what-can-you-do-when-a-home-birth-goes-wrong\/#breadcrumbitem"}]}]