Page 48 - OB Risks - Delivering the Goods (Part One)

SVMIC Obstetrics Risks: Delivering the Goods

The subsequent lawsuit centered around the obvious
injury to the infant, along with the absence of written

consent to use the forceps. The lawsuit further claimed
that the physician used excessive force. The plaintiff

asserted that, as a result, the infant suffered permanent
neurological damage and seizures.

The defensibility of this claim was compromised as the

physician entered sketchy notes about the progress of
the labor and failed to mention the verbal consent from

the mother to use the forceps. He also failed to document
the details of the use of the forceps that would describe

the type of forceps used, the length of time the forceps
were used, or how many elements of traction occurred

when the forceps were applied.

Whether or not the physician who delivered the baby had

a conversation with the patient about the use of the
forceps and the potential risks to the infant and mother

could not be established because of the physician’s failure
to document an informed consent discussion in the

prenatal care record or in the labor and delivery record
which left the defense team with little option for defending

the claim.

The foregoing case study is an example of how a failure to

document a risk discussion even in emergency circumstances
can be problematic for the defense in the event a malpractice

lawsuit is subsequently filed. The next example illustrates how

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