Medical negligence lawsuits relating to labor and delivery

Wayne R Cohen1, Barry S Schifrin

  • 1Department of Obstetrics & Gynecology, Jamaica Hospital and Medical Center, Jamaica, NY, USA. wcohen@jhmc.org

Most allegations in obstetric lawsuits against obstetrician-gynecologists relate in some manner to the management of labor and delivery; few solely involve perceived flaws in prenatal or postpartum care. Although many of these cases accuse the defendant of not having properly monitored the fetus during labor for signs of oxygen deprivation, there is in most cases an underlying allegation regarding proper decision making about the timing and route of delivery. A perspective on accusations relating to the failure to identify or to act on intrapartum asphyxia has been presented elsewhere in this issue. This article focuses on legal allegations that arise from the conduct of labor and the timing of delivery, independent of those related to fetal monitoring.

Related Concept Videos

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...
Torts III01:26

Torts III

Types of Quasi-intentional Torts in Healthcare
Quasi-intentional torts in healthcare involve acts where intent is not directed to harm an individual but results in harm due to careless or reckless speech.
Torts II01:13

Torts II

Intentional torts in healthcare refer to deliberate actions that cause harm or infringe on the rights of others. Understanding these torts is crucial for healthcare professionals to avoid legal liabilities and maintain ethical standards in patient care.
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:
Local Anesthetics: Clinical Application as Epidural Anesthesia01:29

Local Anesthetics: Clinical Application as Epidural Anesthesia

Epidural anesthetics are administered in the fat-filled epidural space, the outermost part of the spinal canal. This technique is commonly employed for pain management and anesthesia during lower abdomen and pelvis surgeries or labor and delivery.
Since epidural anesthetics can be infused through an epidural catheter, all types of drugs, including short-acting ones, can be administered. Chloroprocaine and lidocaine are examples of short and long-duration anesthetics, respectively. Bupivacaine...
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...