Medico-legal issues in gynaecology

Abstract 

Gynaecologists, like other healthcare professionals, have a legal obligation to adhere to a reasonable standard of care while acting in their professional capacity (the ‘duty of care’). A breach of this duty, whether due to proximate causes such as poor decision-making or to remote causes such as destitute safety culture in the organisation, could lead to litigation. This review discusses the burden and causes of litigation in gynaecology and outlines the process taken by a medico-legal claim. Failure to diagnose, intra-operative complications, unnecessary surgery, consent issues, poor supervision and retention of foreign bodies are common causes. An illustrative case study is presented and some ways of reducing the risk of litigation are recommended.

Keywords: clinical negligence, medico-legal, patient safety, risk management, safe practice