The unique placement of midwives in the health care industry prompts renewed consideration of vicarious liability. Generally, vicarious liability is the liability of an employer for an employee's actions. A review of recent case law over the past decade shows limited case activity and indicates that the certified nurse-midwife/certified midwife (CNM/CM) roles do not create vicarious liability risks different from any other employee/agent. The lack of case law signals a lack of dispute over vicarious liability, not a lack of liability. Absent unique statutory provisions, which may be in effect in a minority of states, an employer of a CNM/CM is as liable for the midwife's negligence committed in the scope of their employment as employers are generally liable for an employee's negligence. When there is no employment/agency relationship, vicarious liability does not apply. A collaborative practice agreement is a good example of a nonemployment arrangement. Proper contractual documentation of relationships and comprehensive professional liability coverage are necessary to manage this form of liability.