Obstetric litigation is asphyxiating our maternity services

Gary D V Hankins1, Alastair H MacLennan, Michael E Speer

  • 1Department of Obstetrics and Gynecology, Division of Maternal-Fetal Medicine, University of Texas Medical Branch, Galveston, Texas, USA. ghankins@utmb.edu

Obstetric care in the United States, as judged by maternal mortality, neonatal mortality, stillbirth rates, or any other metric, has never been better. Despite this, litigation over "bad outcomes" is threatening the specialty, not only now, but into the future. Despite damage to our specialty, the injured party often benefits little, if at all, from the process. Potential solutions include an emphasis on evidence-based medicine, a qualification and review process for medical experts, and a more rational and fair health court system.

Related Concept Videos

Standards of Care I01:22

Standards of Care I

Federal statutes profoundly impact nursing practice, providing critical guidelines to ensure patient care is equitable, accessible, and of the highest quality. The following laws address distinct aspects of healthcare provision and patient rights:
Nurses' Legal Responsibilities III01:16

Nurses' Legal Responsibilities III

Nurse-to-nurse relationships are legally required to adhere to professional standards, ensuring a respectful and positive working environment. Professional conduct demands that nurses treat all colleagues respectfully and courteously, fostering a productive, supportive workplace. Nurses must actively eliminate bullying, discrimination, and harassment to maintain a safe and inclusive environment.
Cultivating a culture of collaboration and mutual respect among nurses transcends mere enhancement...
Torts I01:14

Torts I

Torts in nursing are wrongful acts that can harm patients and potentially lead to civil liability for the involved nurse. These wrongful acts range from unintentional errors to deliberate actions. Depending on the nature and severity of the tort, a nurse found liable may face financial penalties or disciplinary actions. Understanding the distinctions between intentional, quasi-intentional, and unintentional torts is crucial for nurses to mitigate risks and provide safe patient care.
Intentional...
Nurses' Legal Responsibilities II01:23

Nurses' Legal Responsibilities II

Establishing a secure, collaborative nurse-patient relationship is crucial for delivering high-quality care. This relationship, founded on trust, respect, and honesty, enhances the patient's comfort and willingness to share vital health information. For example, a nurse who listens actively and without judgment provides clear information about health conditions and treatment options and respects patient decisions, which builds a trusting relationship.
Communication between nurses and patients...
Nurses' Legal Responsibilities I01:27

Nurses' Legal Responsibilities I

In healthcare, informed consent is a crucial process that involves thoroughly communicating medical treatment options to patients, including benefits, risks, potential side effects, and alternatives. This process enables patients to make well-informed decisions about their care, ensuring they understand the implications of their choices before consenting to or refusing treatment.
The legal responsibilities of a nurse regarding informed consent include the following:
Intestinal Obstruction II: Pathophysiology01:07

Intestinal Obstruction II: Pathophysiology

Intestinal obstruction triggers a series of physiological responses, starting with gas and fluid accumulation in the bowel segment proximal to the obstruction, leading to distension. This distended intestine compresses the diaphragm, hindering lung expansion and potentially leading to reduced respiratory effort, atelectasis, and pneumonia.To overcome the blockage, the gut intensifies contractions, causing colicky abdominal pain, nausea, and vomiting, which reduces fluid and food intake and...