[Medical liability in gynecology and obstetrics. Analysis of 25 cases]

The authors studied 175 severe medical complaints which ended in Arbitration veredicts or expert opinions, handled by and Alternative Disputes Resolution Institution (CONAMED) between June 1996 and December 1999. The study was focused on 25 cases with complete medical records. Belonged to Gynecology area, 8 cases (32%), and 17 cases (68%) to Obstetrics. The physicians involved were ob/gyn specialists in 14 cases. Health public institutions were involved in 14 cases (56%), and private practitioners, 11 cases (44%). The main sources of unsatisfaction were injuries or technical failures during surgical procedures in 24% (6 cases) or diagnostic failures in 6 cases (24%). The outcomes were: deaths 8 (32%), amputation or another sequelae in three cases (12%), and fetus or newborns deaths or injuries in two cases (6%). The claimers asked for monetary benefits in 15 cases (60%), disclosure of medical responsibility in 8 cases (24%), and to probe murder or injuries in 3 cases (12%). The CONAMED conclusions were medical malpractice in 14 cases (56%), administrative failures in 14 cases (56%), and patient responsibility in 4 cases (16%).