title: An update on vicarious liability for certified nurse-midwives/certified midwives.
abstract: The unique placement of midwives in the health care industry prompts renewed consideration of vicarious liability. Generally, vicarious liability is the liability of an employer for an employee's actions. A review of recent case law over the past decade shows limited case activity and indicates that the certified nurse-midwife/certified midwife (CNM/CM) roles do not create vicarious liability risks different from any other employee/agent. The lack of case law signals a lack of dispute over vicarious liability, not a lack of liability. Absent unique statutory provisions, which may be in effect in a minority of states, an employer of a CNM/CM is as liable for the midwife's negligence committed in the scope of their employment as employers are generally liable for an employee's negligence. When there is no employment/agency relationship, vicarious liability does not apply. A collaborative practice agreement is a good example of a nonemployment arrangement. Proper contractual documentation of relationships and comprehensive professional liability coverage are necessary to manage this form of liability.
authors.forename: Joseph W
authors.initials: JW
authors.lastname: Booth
mesh_terms: D002568:Certification; D004651:Employment / Q000331:legislation & jurisprudence; D006801:Humans; D007351:Insurance, Liability / Q000331:legislation & jurisprudence*; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence; D008504:Medical Staff Privileges / Q000331:legislation & jurisprudence; D008505:Medical Staff, Hospital / Q000331:legislation & jurisprudence; D009721:Nurse Midwives / Q000331:legislation & jurisprudence*; D017009:Professional Autonomy; D011361:Professional Competence / Q000331:legislation & jurisprudence*; D014481:United States