Misinformation and Junk Science in Obstetrics Medical Malpractice: Newborn Brain Injury

Medical-legal liability remains a constant concern to obstetricians because the majority of physicians are sued at least once in their career. The emotional and psychologic stress may disrupt both clinical practice and personal lives. A physician defendant may be able to address liability allegations but may be more challenged by causation opinions that are not based on a scientific foundation. Junk science or misinformation may be promulgated by either plaintiff or defendant representatives, with judges empowered to determine the scientific validity of claims (ie, Daubert, Frye hearings). Because cerebral palsy cases are among the most common and highest liability cost, misinformation theories are often proposed in support of an allegation. Herein are presented the basic science critiques of several examples of misinformation and junk science theories that allege to explain causes of fetal and newborn brain injury. Enhanced basic science and human physiology education during obstetrics and gynecology residency training may both aid in the clinical management of atypical, challenging cases and provide the knowledge base to allow physicians to confidently address junk science allegations should they arise.