Lawsuit, part II

This is a follow up to my previous article regarding my lawsuit. As much as I really and truly do NOT want to write about my lawsuit or the folks who sued me, I know that it is very important that I do this so that other midwives and midwifery supporters can be informed.

I was sued by a chiropractor and his wife, a paralegal and my client. On the stand and in the transcripts, she stated that I was "the BEST" midwife - so, this lawsuit had nothing to do with the medical care that I gave her and her baby (in other words, both are fine). It had to do with the following:

When I billed this couple, they took me to court saying that I mislead them. They claimed that I told them verbally I was an IN-NETWORK provider so that I'd get their business. THAT is why I was sued.

I had to get an attorney who moved it to Justice Court and they ammended their claim to say that I and Sage Midwifery, Inc. were NEGLIGENT because I mislead them.

They won the case, even though they signed various documents that stated that they were responsible for paying me regardless of what their insurance paid AND (in bold) that they were responsible for knowing their insurance since, frankly, insurance has gotten very complex and difficult for most of us to keep up with when it isn't our own.

The judge found me guilty of being negligent in that a Chiropractor and a Paralegal assumed I was an in-network provider. I'm paying (and this doesn't include the expense of their birth, records, traveling from Chiapas to the U.S. to attend court, and my attorney) $6,407.19 to a couple that never paid me ANYTHING. Not one thing, not one dime and didn't lose ANYTHING financially. Interestingly enough, they made a payment to their attorney of the exact sum they owed me for the birth (a big whopping $2,500 for all their care, prenatal, birth, postpartum) according to the attorney's breakdown of fees! Wow. I'm sure that all makes sense to someone but I'm not sure who...

Doubtless, it makes sense to these clients and their attorney.
What was heartbreaking? When my former client, on the stand, said something to the effect of that she thought she was ONLY ever going to have to pay me her $10 co-pay. The many hours of work I did for her and her family was all just worth a $10 co-pay.

Well. What did I learn?

If you are a birth worker of any kind, these are the kinds of lawsuits we are being faced with these days in America.

To all of you midwives who are as poor as I am and don't have a billing staff: make sure that your client understands, in writing, that homebirth midwives are not in-network providers unless there is a special exception of some kind.

If you are a potential homebirth client who has insurance and wants to birth at home, please remember that less than 2% of Americans birth at home and it is considered radical practice. WHY would your midwife be an in-network provider? Heck, most insurance companies don't even know we exist, quite frankly. You should always go with what your insurance says. Most of you, I know, will birth at home anyway and pay your beloved midwife. :)

The majority of homebirth midwives make very little, after expenses, for all the work they do and they leave their children and homes to be with you and take care of you because we believe that all women are entitled to choices in birth. Please know this since there can be a mistaken idea that all homebirth midwives make a lot of money.

Second thing I learned, and this is sad, is that I have to protect myself legally at all times. I NEVER thought I'd have to worry about this couple not paying me which is why I made mistakes. Please make sure everyone signs your paperwork and pays you up-front costs (like deductibles) no matter how much you like and trust them. Please review your financial paperwork...and possibly all of your paperwork if it has been a while. Know that my chart on this client was excellent and I believe it mattered (yes, even though I lost. It was reviewed by the clients and their attorney and I was very glad it was accurate and complete). I also use Larsen Billing, a midwifery billing company. They are professional and if you don't use a billing company you may want to consider using one. Ditto if you don't have an attorney.

Ultimately, I'm proud of the care I gave this family. And, I feel really clean about this whole lawsuit energetically. I wouldn't have sued them to get the money they never paid me and I did not lie to them about my status as an in-network provider, regardless of what they claim. It was an expensive lesson, though, and is hitting my family hard.

May none of YOU ever have to feel the economic and emotional pain of a client suing you.