A midwife negligence lawsuit in Illinois involves a legal landscape that changed meaningfully in 2025. Whether a birth occurred at home, in a freestanding birth center, or in a hospital with a certified nurse-midwife attending, understanding who is responsible when something goes wrong requires knowing both the applicable licensing framework and recent statutory changes. This article explains how Illinois law classifies midwives, what the 2025 amendments changed, and how liability is analyzed in birth injury claims arising from midwife-attended deliveries.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Two Very Different Categories: CNMs and Lay Midwives
Illinois recognizes a sharp legal distinction between two types of birth attendants who commonly use the title “midwife.” A certified nurse-midwife (CNM) holds an advanced practice registered nursing credential governed by the Illinois Nurse Practice Act, 225 ILCS 65. CNMs must complete an accredited graduate-level midwifery program, hold national certification, and maintain a license issued by the Illinois Department of Financial and Professional Regulation. They are authorized to attend deliveries, prescribe medications, and provide a defined scope of obstetric care under Illinois law.
A lay midwife, sometimes called a direct-entry midwife, holds no state-issued license in Illinois. Illinois does not have a licensed direct-entry midwifery framework comparable to what some other states have established. A person attending a home birth outside the CNM licensing structure is practicing without a professional license recognized by state law — a fact that bears directly on both the available theories of liability and the available defendants in any resulting birth injury claim.
What Public Act 103-0898 Changed in 2025
Public Act 103-0898, effective in 2025, amended the Illinois Nurse Practice Act to expand the authorized scope of CNM practice and modify the collaborating-physician liability framework. Before this amendment, CNMs in Illinois were required to operate under a written collaborative agreement with a licensed physician; in certain circumstances, that physician could face liability exposure for CNM care delivered under the agreement.
The 2025 amendment restructured those requirements. CNMs now have expanded autonomous practice authority in specified settings. The modification to collaborating-physician liability provisions means that the physician who previously held supervisory responsibility under the collaborative agreement structure has a different legal position post-amendment. For families evaluating a midwife-attended delivery that occurred after the effective date of P.A. 103-0898, the amended statute governs which parties may be named and on what basis. Deliveries that occurred before the amendment are analyzed under the prior framework.
If you are considering filing a birth injury claim in Illinois arising from a CNM-attended delivery, the date of the delivery relative to P.A. 103-0898’s effective date is one of the first facts an attorney must pin down.
Birth Center Deliveries: A Separate Licensing Layer
Freestanding birth centers in Illinois are licensed under the Birth Center Licensing Act, 210 ILCS 170. A licensed birth center must meet minimum standards for staffing, equipment, transfer protocols, and emergency preparedness. When a birth injury occurs at a licensed birth center, the facility itself may carry independent liability distinct from the individual CNM attendant. The facility’s compliance with 210 ILCS 170 — including whether it maintained required transfer agreements with a hospital and whether those agreements were activated appropriately — is a threshold inquiry in any birth center injury case.
If a birth center was operating without the required license, or if its emergency transfer protocols were inadequate or not followed, those facts give rise to additional theories of institutional negligence beyond standard malpractice.
Standards of Care: ACNM and the 2-622 Requirement
In a CNM malpractice case, the applicable standard of care is the national standard for certified nurse-midwives, as set by the American College of Nurse-Midwives (ACNM). ACNM publishes standards of practice and clinical practice guidelines that Illinois courts look to in evaluating CNM conduct. A CNM is not held to the same standard as an obstetrician, but the CNM is expected to recognize when a clinical situation exceeds the scope of midwifery practice and requires immediate physician consultation or hospital transfer.
Illinois birth injury claims against licensed CNMs are healing-art malpractice claims subject to 735 ILCS 5/2-622. That statute requires that before a complaint is filed, an attorney must obtain a written report from a reviewing health professional stating that the claim has reasonable and meritorious cause. Failure to comply with 2-622 can result in dismissal. This procedural requirement applies regardless of whether the CNM was practicing in a hospital, birth center, or attending a home delivery.
Liability When a Lay Midwife Is Involved
Because Illinois does not license direct-entry or lay midwives, the legal framework for claims against them differs substantially. A lay midwife does not have a professional license to revoke, and the 2-622 affidavit structure applies specifically to licensed healing-art professions. Claims arising from lay midwife attendance at a home birth may proceed under ordinary negligence principles, but establishing the standard of care and finding a qualified expert to testify requires a different approach than a licensed CNM case. Families who suffered a birth injury at an unlicensed home delivery should consult an attorney experienced in birth injury litigation to understand the applicable theories and evidentiary requirements.
Talk to a Chicago Attorney — Free Consultation
Phillips Law Offices handles birth injury claims arising from midwife-attended deliveries throughout Illinois, including CNM negligence, birth center institutional liability, and cases that turn on the 2025 scope expansion and modified collaborating-physician provisions under P.A. 103-0898. Whether the delivery occurred at home, in a licensed birth center, or in a hospital with a CNM attending, attorney review of the medical records, the attendant’s licensing status, and the applicable version of the Nurse Practice Act is an essential first step before conclusions are drawn about who may be held responsible and on what legal theory.
Call us at (312) 346-4262 or contact us online to schedule a free, confidential consultation. There is no fee unless we recover for you.