It is the call every birth worker dreads. The heartbeat stops. The baby is born sleeping. In the grief that follows, the parents look for answers, and often, they look for someone to blame. A “Wrongful Death” lawsuit is filed against the midwife and the doula. The damages sought are $5 million.
Key Takeaways
- The “Nuclear Verdict”: In 2026, juries are sympathetic to grieving parents. Settlements for stillbirth are reaching astronomical numbers, often exceeding policy limits.
- Defense is Everything: You need a carrier that provides “First Dollar Defense” (pays legal fees without eating into your payout limit).
- Aggregate Limits: If you have a cluster of cases (unlikely but possible), your “Aggregate Limit” (total paid in a year) matters.
- Emotional Support for YOU: The investigation will be traumatic. Some policies pay for your therapy during the trial.
The “Why” (The Trap): The Policy Limit Cap
The trap here is simple math. Most midwives carry $1 Million per incident / $3 Million aggregate.
If a jury awards the family $2.5 Million for “Wrongful Death and Loss of Companionship,” the insurance pays $1M. You owe the remaining $1.5M. They can garnish your future wages and seize your assets. This is why “Asset Protection” (trusts, LLCs) is as important as insurance.
[IMAGE: Graph comparing standard policy limits ($1M) vs. average wrongful death settlements in 2026]
The Investigation: I Called Them
I asked carriers about their handling of wrongful death claims.
MedPro Group
- Reputation: The “Pitbulls.” They fight hard to prove the stillbirth was inevitable (genetic/cord accident) and not negligence.
- Feature: They have access to the best expert witnesses (Perinatologists) to review the charts. This is critical.
CM&F
- Feature: They offer up to
2M/2M/4M limits. In 2026, I highly recommend upgrading to this higher tier. The premium difference is often only200−200−300/year.
Comparison Table
Protecting against the worst-case scenario.
| Feature | Standard Policy | Recommended 2026 Policy |
| Per Incident Limit | $1,000,000 | $2,000,000+ |
| Legal Defense | Inside Limits (Reduces payout) | Outside Limits (Unlimited defense) |
| License Defense | $5,000 | $25,000+ |
Step-by-Step Action Plan
- Increase Your Limits: Call your broker today. Ask what it costs to go from $1M to $2M. It is the cheapest sleep insurance you can buy.
- Asset Protection: Speak to an attorney about putting your house in a Trust or LLC. Do this before a claim happens. You cannot move assets after you are sued (that’s fraud).
- The “Silent” Phase: When a tragedy occurs, express sorrow (“I am so sorry for your loss”) but never admit fault (“I should have checked sooner”). The insurance company will coach you on what to say.
- Secure the Records: The chart is your only lifeline. Ensure it is complete, locked, and backed up in the cloud.
FAQ
Q: Will I lose my license?
A: Not necessarily. A lawsuit payout does not automatically mean license revocation. But the Board will investigate. This is why “License Defense” coverage is vital.
Q: Can I attend the funeral?
A: Ask your lawyer. Sometimes it is seen as compassionate; sometimes the family sees it as an intrusion.
Q: What if I retire?
A: You must buy “Tail Coverage.” A stillbirth lawsuit can be filed years later (until the child would have turned 18 in some states, though statutes vary for stillbirth). Do not let your coverage lapse just because you stopped working.