Certified professional midwives (CPMs) provide essential care during pregnancy, childbirth, and postpartum. Their personalized, hands-on approach offers a valuable alternative to hospital-based births. However, with the responsibilities of midwifery come potential legal risks. A critical question many midwives ask is: Do certified professional midwives need medical malpractice insurance? The legal requirements for malpractice insurance vary significantly by state, making it crucial to understand how to protect your practice.

At Rich & Cartmill, we help midwives assess their liability risks and ensure they have the right insurance coverage. In this blog, we’ll explore the legal requirements surrounding medical malpractice insurance for certified professional midwives, particularly in Oklahoma, Kansas, Missouri, and Texas, while also detailing how it can protect your career and your financial stability.

Quick Answer: Do Certified Professional Midwives Need Medical Malpractice Insurance?

Yes. In many states, certified professional midwives need medical malpractice insurance to legally practice. States such as Oklahoma, Kansas, and Missouri require coverage as part of licensure, while Texas does not mandate it. Even where the law does not require it, malpractice insurance is strongly recommended to protect midwives from costly lawsuits, licensing risks, and long-term financial exposure. Check out this list to see if your state requires medical malpractice insurance for midwifery.

What is Medical Malpractice Insurance?

Medical malpractice insurance is a type of professional liability coverage designed to protect healthcare professionals from legal claims related to errors, negligence, or complications that arise during patient care. For midwives, this insurance can cover legal defense costs, settlements, and judgments if a claim is made following a birth or prenatal care issue. Without it, midwives would be responsible for paying these costs themselves, which could be financially devastating.

Whether a midwife is practicing in Tulsa, Oklahoma, Olathe, Kansas, or Ozark, Missouri, having malpractice insurance offers critical financial protection and helps secure your professional reputation.

Why Do Certified Professional Midwives Need Medical Malpractice Insurance?

Lawsuits can be filed against even the most experienced and careful midwives. In fact, according to the American College of Nurse-Midwives (ACNM), 32% of midwives have been named in a malpractice lawsuit at least once during their careers. The longer a midwife is in practice, the higher the likelihood of facing legal action, even if no negligence occurred. Lawsuits related to birth complications, negligence, or failure to assess medical risks can lead to significant financial liabilities.

Here’s how malpractice insurance protects you as a certified professional midwife:

1. Financial Protection

Medical malpractice lawsuits can be extremely costly. The legal fees alone—including attorney costs, court expenses, and expert witness fees—can be overwhelming. On top of that, any settlements or judgments that result from a lawsuit can easily reach tens or hundreds of thousands of dollars.

For example, in cases of shoulder dystocia or complications from a vaginal birth after cesarean (VBAC), the client can sue the midwife for perceived negligence. Having malpractice insurance ensures that these costs are covered by the policy, protecting the midwife from financial ruin.

This financial protection is especially crucial for midwives practicing independently in smaller communities like Weatherford, OK, or Ozark, MO, where the risk of a large financial burden could potentially shut down a practice.

2. Professional Credibility

Carrying medical malpractice insurance can enhance a midwife’s professional reputation. In states like Oklahoma, Kansas, and Missouri, where they require malpractice insurance, midwives demonstrate their commitment to professional accountability by maintaining insurance coverage. It shows clients that the midwife prepared for any outcome and invested in the protection of both their practice and the families they serve.

Even in Texas, where malpractice insurance is not legally required, having coverage can give clients peace of mind and help attract new business. In a high-risk field like midwifery, showing that you are fully insured builds trust with clients and healthcare collaborators.

3. Coverage for Settlements or Judgments

If a midwife is found liable in a malpractice case, the settlement or judgment could be financially crippling. For example, if a lawsuit involves fetal complications or failure to recommend a cesarean section during labor, the costs could be staggering. Malpractice insurance covers these expenses, allowing the midwife to continue practicing without the fear of losing their business or personal assets.

This is especially important in regions like Tulsa, OK, where certified professional midwives are held to the same standards as other healthcare providers in terms of professional accountability.

4. Peace of Mind

With malpractice insurance in place, midwives can focus on delivering high-quality care without the constant worry of potential legal action. Whether practicing in larger cities like Oklahoma City, or smaller towns like Olathe, knowing that their practice is protected from lawsuits allows midwives to concentrate on their patients, not potential financial fallout.

In Texas, although the law does not require malpractice insurance, midwives still face similar risks. Even without the obligation to carry insurance, having coverage provides peace of mind, allowing midwives to work with confidence, knowing they are protected in case of an unforeseen complication.

Medical Malpractice Insurance Even When The Law Does Not Require It

Even in states where malpractice insurance is not legally mandated, certified professional midwives need medical malpractice insurance to protect themselves from financial and professional risk. Birth outcomes can be unpredictable, and claims may arise even when a midwife follows all best practices. Legal defense costs alone can be overwhelming without coverage in place.

Additionally, many clients, birth centers, and collaborating healthcare providers prefer—or require—midwives to carry malpractice insurance. Having coverage helps protect personal assets, supports professional credibility, and allows midwives to continue practicing confidently in the event of a claim.

Legal Requirements for Certified Professional Midwives by State

The legal requirements for malpractice insurance for certified professional midwives vary by state. Here’s a breakdown of the requirements in key regions:

• Oklahoma, Kansas, and Missouri: Certified professional midwives are legally required to carry medical malpractice insurance to practice. In these states, midwives in cities like Tulsa, Oklahoma City, Weatherford, OK, Olathe, KS, and Ozark, MO must have insurance coverage to protect both their practice and their patients.
• Texas: In contrast, Texas does not require certified professional midwives to carry medical malpractice insurance. While it’s not mandatory, midwives who practice in Texas—whether in urban areas or small towns—face significant financial risks if they choose not to carry coverage. A lawsuit could result in severe financial penalties and loss of professional reputation.

What Medical Malpractice Insurance Covers for Certified Professional Midwives

Medical malpractice insurance is designed to protect certified professional midwives from a range of professional liability risks, including:

• Legal defense costs, including attorney fees and court expenses

• Settlements or judgments resulting from covered claims

• Claims related to prenatal care, labor, delivery, and postpartum services

• Allegations of negligence, failure to diagnose complications, or delayed referrals

Without coverage, these costs fall directly on the midwife, putting both their practice and personal finances at risk.

How to Choose the Right Medical Malpractice Insurance for Certified Professional Midwives

When selecting malpractice insurance, midwives should consider their practice location and the specific risks associated with their work. Here are some factors to keep in mind:

1. Assess Coverage Limits

The coverage limits are crucial in determining the adequacy of the policy. Midwives practicing in high-population areas like Tulsa, OK, or Oklahoma City might want to opt for higher coverage due to the larger client base and higher likelihood of litigation. Conversely, those in smaller towns like Weatherford, OK, or Ozark, MO might not need as high a limit. Understanding the local practice environment helps midwives choose appropriate coverage.

2. Consider Tail Coverage

Tail coverage protects midwives from lawsuits filed after they stop practicing. This is particularly useful for midwives nearing retirement or those moving from one state to another. For example, a midwife moving from Missouri to Texas may want tail coverage to stay protected from past claims, even after relocating to a state that does not require malpractice.

3. Know the Legal Requirements in Your State

As mentioned, Oklahoma, Kansas, and Missouri require certified professional midwives to carry medical malpractice insurance, while Texas does not. Understanding your state’s laws ensures you stay compliant and adequately protected. Midwives practicing in states with mandatory insurance must meet these legal obligations to maintain their professional licenses.

Protecting Your Midwifery Practice

Whether you’re practicing in Tulsa, Olathe, Ozark, MO, or even Texas, understanding the legal requirements and benefits of medical malpractice insurance is crucial for certified professional midwives. In states like Oklahoma, Kansas, and Missouri, malpractice insurance ensures you meet legal standards and protect your livelihood. In Texas, although not legally required, carrying malpractice insurance still provides essential protection and peace of mind.

At Rich & Cartmill, we specialize in helping midwives navigate the complexities of medical malpractice insurance. We ensure they have the coverage they need to safeguard their practice. Contact us today to learn more about how we can assist you with choosing the right policy to protect yourself and your clients. Whether you reside in Oklahoma, Missouri, or Texas we cover you!

Author: Ryan T.