The Florida Department of Health has filed an administrative complaint against Wesley Chapel midwife Sizzly Auer after a November 2021 home birth that left a newborn with a brachial plexus injury. The state’s charging document accuses Auer of multiple counts of unprofessional conduct related to the delivery. Auer still holds an active midwife license while the complaint moves through the department’s enforcement process.
In the department’s public license lookup, Sizzly Maria Auer appears under license number MW245 with a public complaint listed, while her status remains "Clear/Active." According to the Florida Department of Health, a public administrative complaint is a formal charging document that proceeds into an administrative hearing process. Federal provider records list Auer’s businesses as Childbirth Options LLC and Birth God's Way in Wesley Chapel, as shown in the NPI profile.
What the complaint alleges
The administrative complaint, which stems from the November 2021 home birth, lists 13 counts and alleges that Auer used "aggressive and forceful lateral downward traction on the newborn's head," instructed the mother to push while pulling on the baby's head, and briefly allowed the infant’s head to drop underwater after first breathing, all during what the document describes as a shoulder-dystocia event. The complaint states that the child, identified in reporting as Dylan Davis, suffered a brachial plexus injury that damaged his arm. It also notes earlier enforcement and civil actions involving Auer, including an unpaid 2015 agency fine and a default judgment obtained by a parent. The filing says BayCare and Tampa General Hospital removed Auer’s privileges at their facilities and that she continued to receive Medicaid reimbursements because her license remained clear, as reported by WTSP.
How oversight works and what's at stake
Florida’s midwifery rules require licensed midwives to file annual practice reports and give the Department of Health authority to investigate complaints and seek discipline. The department’s midwifery pages outline licensing and enforcement procedures and explain that administrative complaints are charging documents that may lead to hearings, sanctions, or dismissal, according to the Florida Department of Health. Lawmakers and patient advocates say the case highlights possible gaps in oversight that could prompt policy changes.
Family and lawmakers push for action
The child’s attorney, Victoria Vasser, told reporters that she and her son are "getting answers," and Florida House Minority Leader Fentrice Driskell said the reporting underscored gaps in state oversight that deserve attention, according to WTSP. Advocates and the family’s legal team have urged the department to consider suspension or revocation of Auer’s license if the facts are proven at hearing.
What happens next
Auer can request an administrative hearing or seek a settlement under Florida’s administrative rules. The process can include mediation, the assignment of an administrative law judge, and other procedural steps that may take months to resolve. Chapter 120 of the Florida Statutes sets out the timelines and rights for administrative hearings in the state, including the opportunity to file petitions and to have proceedings assigned to an administrative law judge, as described by the Florida Senate. Depending on the outcome, discipline could range from dismissal of the complaint to fines, suspension, or revocation of a license.
