Medico-legal problems in obstetrics

Abstract 

For a claim to succeed, both ‘Breach of Duty’ and ‘Causation’ need to be established. In medico-legal cases, the records and all documentation will be reviewed in detail; case records should be as clear, concise and accurate as possible. Deviation from protocols or guidelines does not necessarily constitute Breach of Duty, however, the reason for deviating from any protocol should be clearly stated within the medical records.

Obstetric cases frequently involve cardiotocographs; to avoid retrospective over-interpretations of the changes in the foetal heart rate pattern, it is helpful to refer to recognised, published guidelines.

In many cases where a child suffers brain damage and develops cerebral palsy, it is accepted that the intrapartum care was substandard. However, the majority of babies born with significant brain damage did not acquire the disability consequent upon the events of labour/delivery, that is, the substandard care did not cause the handicap.

Keywords: breach of duty, causation