The myth of vicarious liability. Impact on barriers to nurse-midwifery practice.

Lack of understanding of the legal concept of vicarious liability may underlie certain barriers to nurse-midwifery practice. Malpractice insurance surcharges, denial or restrictive limitation of clinical privileges, and physician "supervision" requirements may all be premised, at least in part, upon an assumption that physicians who work with, and hospitals that grant clinical privileges to, nurse-midwives will automatically be liable for any negligent actions or omissions of CNMs. This article examines the basis for such assumptions and, based upon research into the current case law on this subject, concludes that popular assumptions regarding physician/CNM or hospital/CNM vicarious liability are unfounded.

Prescriptive authority for nurse-midwives. A historical review.

The profession of nurse-midwifery has undergone a major transformation in the struggle for professional autonomy. Inherent in this struggle is the profession's attempt to obtain the legal authority to prescribe drugs, devices, and treatments. This article traces the barriers to practice and the authority to prescribe from a historical perspective.