Medical malpractice
Alternative Birth Regulations in Pennsylvania

In the past ten years, more parents have chosen to give birth outside of hospitals with midwives instead of in a hospital. Every woman has the right to choose where she gives birth, but she should understand the rules midwives must follow to help keep births safe.
More People are Choosing Alternative Birth Options
In the past ten years, more people have chosen to give birth at home or outside of a hospital. There are many reasons for this, but it is also important to think about the risks.
Some people who support home birth say it is safe in other countries for low-risk pregnancies. But there are important differences between those places and Pennsylvania and the rest of the United States. It is important to understand different birth options and the rules that guide them.
Birth Center
Birthing centers are often run by trained birth workers. They work with a nearby hospital in case a patient needs to be moved quickly for emergency care. Some centers can give basic pain relief or simple treatments, like IV antibiotics, medicine to help with heavy bleeding, or fluids. They can also give important medicines, such as Vitamin K or erythromycin.
Home Birth
Home births typically happen at home, with the assistance of a midwife. However, due to the lack of medical resources, you are less likely to find certified, medically trained midwives in a home birth setting.
Some home birth midwives may be able to use Pitocin in an emergency and check the baby’s heartbeat with a doppler. But they have very limited medical tools if problems happen during birth, and they usually do not work closely with hospitals or doctors. This means that if a transfer to a hospital is needed, it may happen without important communication to help make the process smoother.
Home births have limited medical tools and usually do not work closely with hospitals or doctors.
Certified Nurse Midwives
There are two types of midwives often seen in alternative births in Pennsylvania. The only midwives registered by the state are Certified Nurse Midwives (CNMs). These midwives must have a nursing degree and special training in midwifery.
The Pennsylvania medical board oversees CNMs. This helps make sure they are trained and follow the same standards. CNMs can give certain medicines to both the mother and the baby during birth.
These midwives usually do not work on their own. They often have an agreement with a doctor because of state rules and limits on their work. CNMs can help with home births, but they usually work in hospitals or birthing centers where they have more emergency tools.
This kind of birth can feel calmer and less controlled, while still giving patients safe care from trained providers who can spot problems early and handle small emergencies.
Certified Professional Midwife
There are several programs that train midwives to become Certified Professional Midwives (CPMs). Unlike CNMs, CPMs do not need extra medical training like a nursing degree. However, they do need experience with home births or births in birthing centers. Many people believe they are prepared for low-risk births.
One downside of working with a CPM is that they do not have the same medical training as a CNM or a doctor who delivers babies. They can often spot problems, but they may not be able to handle more serious issues, like shoulder dystocia or giving IV antibiotics to parents who test positive for GBS.
Becoming a CPM is often called a direct-entry path. There are national groups that offer certification, such as the North American Registry of Midwives (NARM) and the National Midwifery Institute (NMI).
CPMs do not need extra medical training like a nursing degree.
The Dangers of Homebirths
Recent research shows that planned home births for low-risk pregnancies can have similar outcomes to births in birthing centers. If the provider is well trained and can quickly spot problems, a home birth may not be much riskier than a hospital or birthing center.
However, problems can arise when we look at the training and licensing of the people attending home births. There are not always clear or consistent rules, which can lead to poorly trained or careless providers. This can cause serious health problems or even be life-threatening for both the parent and the baby.
Lack of clear rules can lead to poorly trained providers and serious health risks.
Liability in Home Birth Complications and Injuries
Because of Pennsylvania laws about midwife licenses, a CPM who attends a home birth may be seen as practicing medicine without a license. This can be charged as a misdemeanor or a felony, depending on what happens.
Many midwives include waivers that say they are not responsible if something goes wrong. However, this should not stop you from talking to a lawyer if you think you or your child were harmed during birth. Parts of the contract may not be valid, and you may still be able to recover damages for your injuries.
Philadelphia Birth Injury Attorneys
Birth can be dangerous anywhere. Home birth with a trained CPM may be safe, but problems can still happen that are easier to treat in a hospital. In Pennsylvania, rules for home birth providers are not always clear, so it can be hard to know if a provider is safe and well trained.
If a provider is not properly trained or works outside their limits, they can cause birth injuries. These may lead to long-term health problems like cerebral palsy, Erb’s palsy, brain damage, muscle damage, or developmental disabilities.
If you think your baby was hurt during a home birth with a midwife or other non-doctor provider, you can contact the Philadelphia birth injury attorneys at Lopez McHugh LLP for a free private consultation.


