The causes and implications of obstetric malpractice

Abstract

Obstetrics and Gynaecology (O & G) are among the specialties at high risk of malpractice claims. In particular, obstetric malpractice attracts high incidence of claims as birth injuries are usually serious and devastating. The resulting disabilities and malformation from the injuries tend to be life-long and victims are deprived of years of enjoyment in life, independence and productivity. As these injuries occur on the victims early in life, the costs of medical care are usually enormous. As this imposes stressful and heavy burden on the family members, they tend to resort to litigation as means of procuring monetary compensation. The highest numbers of medical negligence cases in Malaysia involve obstetric injuries and six to seven-figure court awards are now becoming the trend for compensating obstetric malpractice victims. However, proving obstetric malpractice is not an easy task with years of litigation, which eventually may not provide victims with monetary compensation if unsuccessful. Further, the increase in obstetric litigation has triggered higher premium for medical indemnity insurance causing many doctors to leave the subspecialty. Even though the doctor at the end may not be found guilty but the trauma of being sued caused them to suffer difficulties in returning to their work.

How common are Medico-legal issues among Obstetricians and Gynecologists in Ethiopia: a descriptive cross-sectional study

“…Similarly, study set in Malaysia also found that increased wrong litigation have been enforcing many physicians to leave subspecialty and even the trauma of being sued caused them to suffer di culties in returning to their work. [13] In the present survey, 20 (83.33%) and 7 (29.17%) of victims declared that they were free of any guilt and imprisonment respectively. Similarly, as evidenced elsewhere in USA, sixty ve percent of malpractice claims were dropped or dismissed [10].…”

“…Regardless of this, as indicated in many literatures, the most common claims and suits were free of errors and even larger percentage were closed without ne of physicians [11]. This substantial increase in claims and medicolegal litigation against Obstetrics and Gynecology department may result in poor health care provision by imposing fear of litigation among health care professionals, and in turn it may lead to early and inappropriate decisions [12]; In some professionals, it resulted in specialists leaving the subspecialty and in some it caused di culties in returning to their work [13].…”