Las Vegas Sun

March 28, 2024

Charges dropped against midwife

Child neglect charges have been dropped against a lay midwife who was alleged to have endangered the life of a newborn by not seeking immediate medical care for a breathing problem.

Justice of the Peace Jennifer Togliatti was told Wednesday that the district attorney's office had decided not to pursue the felony case against Kellie Sparkman that was set for a June 29 preliminary hearing.

Sparkman, 39, delivered Sarai Coreas-Cruz on Jan. 8 but waited more than two hours before taking the baby to Sunrise Hospital and Medical Center after breathing problems were observed.

The delay apparently did not cause any lasting physical problems, and that was one of the reasons criminal charges were dropped, Deputy District Attorney Doug Herndon said.

Herndon said that while there were sufficient reasons for Metro Police detectives to submit the case to the district attorney's office and enough evidence for the filing of charges, "proving criminal neglect would have been difficult."

But he said it finally was determined at the highest level in the district attorney's office that the circumstances were more akin to a physician's incompetence than a criminal act. That would be handled in the civil courts if the family decided to sue Sparkman.

"I think midwives get better outcomes," Sparkman said Wednesday evening. "If the district attorney was looking to search out the truth, they would have known this. I was following the golden rule. I attended my daughter's birth at home, and I've done 30 others since this has happened."

Sparkman said she has been a midwife for more than 10 years and has delivered more than 300 babies. She said she mostly takes care of low-income women who don't have health insurance and would otherwise have to go to University Medical Center, the county-supported hospital.

The midwife said she only charges expectant mothers $25 per visit and $450 to deliver a baby. She said her total maternity costs range from $450 to $600.

UMC in contrast, she said, would charge several thousand dollars, which would have to be paid by the taxpayers.

If any disciplinary action were taken against Sparkman, it would normally be through a medical board.

That is not possible, however, because there are few laws governing lay midwives, although nurse midwives and doctors are strictly regulated.

"I hope Sparkman realizes she handled the situation in a manner she shouldn't have," Herndon said.

"I'm sure she is qualified to birth a child when there are no problems, but there were problems," he continued. "The baby's father is adamant that she didn't know what to do. She should take training."

Sparkman said after her arrest that the prosecution was the result of an ongoing "doctor vs. midwife" controversy, but Herndon said that wasn't true.

"It was what doctors told us that caused us to drop the charges," he said, explaining that doctors conceded the eventual medical intervention was good enough so long-term health problems were avoided.

The real controversy in the case, Herndon said, revolves around the lack of laws controlling lay midwives.

"I hope this ordeal moves the Legislature to act to govern lay midwives the same as they have done to govern nurse midwives," the prosecutor, who is member of the DA's Crimes Against Women and Children Unit, said.

"Right now, lay midwives are not accountable," he said.

After the criminal charges were filed in March, Sparkman and about 100 people staged a protest in front of the courthouse.

Sparkman charged at the time that "doctors have organized a plan to single out midwives. This is not about me."

Sparkman said that if a midwife can be charged in connection with complications of a child's birth, then hospitals ought to be criminally liable too. She challenged hospitals to open their records to show how often babies are born with complications.

The baby's breathing problem occurred because she retained meconium, or fecal matter, in her lungs following the home birth, Sparkman said. She said despite breathing problems, the infant was able to drink a bottle of formula.

Two hour later, when Sparkman said she felt the baby was still having problems breathing, she took her to Sunrise Hospital.

A physician at the hospital later contacted Metro Police to report suspected child neglect.

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