Study Reveals the Most Common Reasons Obstetricians Are Sued

NAPA, CA -- (Marketwired) -- 05/01/15 -- Obstetricians have the unique challenge of caring for two patients at the same time-mothers and neonates-and face potential risks during both pregnancy and delivery. A study issued today by The Doctors Company reveals the most common patient allegations against obstetricians and the leading factors that cause injuries during pregnancy and delivery.

The study of 882 obstetrical claims that closed from 2007-2014 revealed that the three most common patient allegations were:

• Delay in treatment of fetal distress. This was  alleged in 22 percent of cases studied. The most common cause of alleged  delayed treatment was the physician's failure to act when presented with  Category II or III fetal heart rate tracings, which are predictive of  metabolic acidemia.

• Improper performance of vaginal delivery,  alleged in 20 percent of cases studied. Almost half of these cases  involved brachial plexus injuries due to shoulder dystocia.

• Improper management of pregnancy, alleged in 17  percent of cases. These cases included failure to test for fetal  abnormalities when indicated, failure to recognize complications of  pregnancy, and failure to address abnormal findings.

The remainder of the cases studied included diagnosis-related claims and allegations of delay in delivery, improper performance of operative delivery, retained foreign bodies, and improper choice of delivery method.

"As the nation's largest physician-owned medical malpractice insurer, The Doctors Company has the largest database of malpractice claims," said David B. Troxel, MD, medical director, The Doctors Company. "We are pleased to be able to share this data, which is clearly representative of the risks that obstetricians face when caring for mothers and during delivery."

When malpractice suits are filed, practicing physicians are recruited by The Doctors Company to review the cases to look beyond what the patient is alleging and to determine the factors that led to the injuries.

"Understanding the causes of these allegations is a very important first step in a process whereby interventions can then be developed to address these system failures and improve the safety of care for our patients," said Susan Mann, MD, a board-certified obstetrician-gynecologist at Beth Israel Deaconess Medical Center in Boston, Massachusetts.

In the case of obstetrics claims, the panel of experts found the following top seven factors, with more than one factor often contributing to each injury:

• Selection and management of therapy. Issues  included decisions regarding labor and delivery, such as augmentation of  labor, methods of delivery, and timing of interventions. (34%)

• Patient assessment issues. Physicians were found  to disregard available test results or documented findings in the patient  record. (32%)

• Technical performance. This included injuries  that were related to known risks that had been disclosed to patients. (18%)

• Communication among providers, such as failure  to keep other providers updated on a patient's condition. This may have  been related to poor professional relationships. (17%)

• Patient factors, such as nonadherence by  patients to their treatment plans for such conditions as diabetes or  preeclampsia. (16%)

• Insufficient or lack of documentation of such  things as clinical findings or review of care. (14%)

• Communication between patient/family and  provider. This may have been caused by poor rapport between the physician  and the patient or language barriers, and it often led to patient  noncompliance with physician instructions. (14%)

About The Doctors Company
Founded and led by physicians, The Doctors Company (www.thedoctors.com) is relentlessly committed to advancing, protecting, and rewarding the practice of good medicine. The Doctors Company is the nation's largest physician-owned medical malpractice insurer, with 76,000 members and $4.5 billion in assets, and is rated A by A.M. Best Company and Fitch Ratings.

Follow The Doctors Company on Twitter @doctorscompany for industry trends, subscribe to its YouTube site to hear from industry experts, connect with The Doctors Company on LinkedIn to engage with company leaders, and find information on its key milestones and achievements on Facebook.

The following files are available for download:

• Obstetrics Top Patient Safety Risks
• Obstetrics: Top Patient Safety Risks

   Denise Moore(707) [email protected]

Source: The Doctors Company

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