Page 13 - OB Risks - Delivering the Goods (Part One)

SVMIC Obstetrics Risks: Delivering the Goods

claims closed from 2005 to 2014, 59.5 percent were dropped,

withdrawn, or dismissed; 27.7 percent were settled; 2.5 percent
were resolved using an alternative dispute resolution process;

1.8 percent were uncategorized; and 8.6 percent went to trial. Of
the 8.6 percent cases that went to trial, 87 percent resulted in a

verdict for the physician and only 13 percent resulted in a verdict
for the plaintiff.
7

Indefensibility Factors

At SVMIC, we have a specialized team of claims attorneys who

review and oversee all our obstetric and impaired infant claims.
Because of this dedicated specialization, we can identify specific

reasons or factors which contribute to a difficult defense,
especially in front of a jury. We refer to these reasons or factors

as “indefensibility issues”.

A review of our cases and data found the factors that cause or

contribute to a claim’s indefensibility are typically not errors in
medical judgment, interpretation, or technique, but instead are

simple routine mistakes by the physician or staff. In other words,
our doctors for the most part make sound, reasoned medical

judgments but still end up on the wrong end of a lawsuit. It is a
clear and sobering fact that poor risk management habits and

ineffective systems may have dire consequences.

In most medical malpractice cases, medical judgment is an
issue debated by experts – a battle of the experts fought in

front of a jury. It is important to note that even if errors in

7 Glaser LM, Alvi FA, Milad MP. Trends in malpractice claims for obstetric and gynecologic
procedures, 2005 through 2014. Am J Obstet Gynecol, 2017;217:340.e1-e6

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