A Pennsylvania State Board of Medicine cease-and-desist order was overturned on May 23rd by a Commonwealth Court panel. The panel concluded that the unlicensed midwife who had been charged with practicing medicine without a license can continue to deliver babies.
In the state of Pennsylvania, in order for a midwife to deliver a baby without the supervision of a doctor, the midwife must also have a nursing degree. This law is set in place in order to protect women by making sure that midwives are licensed and knowledgeable to prevent potential birth injuries.
Twenty-two other states have similar laws.
In a 5-2 decision, the Commonwealth Court concluded that the Board of Medicine incorrectly concluded that the woman was practicing medicine. The state has not decided if it will appeal the decision. The woman cannot return to work until the potential appeal process is over.
In the Commonwealth Court decision, the question of whether or not it is necessary for a midwife to be a nurse was not addressed.
Birth injury attorneys are working on cases in which serious injury has resulted from negligence on the part of a doctor or other medical staff.
