I haven't read through ALL the posts on this thread, so maybe someone mentioned this already.
But from what I understand, there are two "kinds" of midwives. Those who are certified and trained, but who are not actual formally educated medical professionals, and those who are CNM---Certified Nurse Midwives. I go to a Birth Center. The two midwives/directors both have Masters Degrees, spent years working as RNs in the hospital L & D, and then later went for their midwifery certifications. They can write prescriptions, give meds, etc.
As far as I know, as I am writing this, we still do not know the details of this delivery in question.
From what I have read the expectant couple lived only 2 blocks away from the hospital. And unless the midwife was holding them hostage with a gun to their head, I cannot for the life of me understand why these people did not choose to go to the hospital!
Certainly, whether a woman is choosing a home, birth center or hospital birth, all women in labor do what their provider (doctor or midwife) recommends. Many, many more deliveries go wrong and result in death in hospitals than in home or birth center deliveries---but you don't hear about the doctors being sued for all of those. Even in hospitals, with all of the doctors, meds and technology, babies (and even mothers) sometimes die.
But again, what is the basis of them suing the midwife? That she barred them from exiting their own home or calling an ambulance?
They CHOSE a homebirth, knowing all the risks. It's sad, but IMO, it is no one's "fault". Unfortunately, babies sometimes die during delivery.