Page 44 - OB Risks - Delivering the Goods (Part Two)

SVMIC Obstetrics Risks: Delivering the Goods

which seemed to be increasing with age. The facts stated
above were based upon the obstetrician’s notes and

recollection, and the case initially appeared defensible
with the standard of care having been met; but, as the

lawsuit progressed, additional facts came to light.

The labor and delivery nurses testified during their
depositions that the OB told them not to use suprapubic

pressure and did not have them perform the McRoberts
maneuver. In a late entry in the chart, one of the nurses

documented that she asked the OB if he wanted
suprapubic pressure and he replied he did not. Although

the OB denied the nurses’ accounts, it set the stage for
animosity and finger-pointing creating a hurdle for the

defense. Moreover, experts on both sides questioned the
OB’s description of the delivery and did not believe the

OB could have performed all of the maneuvers to resolve
the shoulder dystocia as he described in the 6 minutes

between delivery of the head and the delivery of the body.
Finally, the OB in this case came across as arrogant and

dismissive toward the parents prior to the delivery
describing the birth as a “chip shot” .

This case is an example of a defense nightmare. As healthcare

providers, physicians and nurses have the benefit of being
viewed as heroes by most jurors and there is a positive bias

in favor of those providers. That positive bias can be eroded if
jurors believe those providers are not being honest and truthful.

Jurors also like to see healthcare providers working as a team.
When there is finger-pointing and contradicting testimony, the

plaintiff is usually who benefits.

Page 44