Perinatal Malpractice Litigation and Midwives’ Responses: Risk Management and Legal Analysis

Abstract

Childbirth presents a variety of risks, such as sequelae or death of mother and child. Child birth associated risk increases when medical complications. Quality care by healthcare professionals is necessary to minimize these risks. Diagnosis errors, delays, and poor communication are considered childbirth malpractice; patients usually take legal action in these cases. Studies analyzing court cases over the past two decades have shown that inadequate labor progress recording and insufficient preservation methods lower the value of the evidence. Moreover, it is important not to overlook potential turning points where adverse events can be avoided. This study explored medical errors and their prevention, focusing on midwives. The study collected and analyzed cases of malpractice from 2019 to 2023 using the Pm SHELL model. In a legal database (TKC Law Library) search for “medical case law” and “midwives” from April to September 2023 found 19 cases, three cases in which the midwife’s actions and circumstances were described were identified and selected. A “delay in reporting from the midwife to the doctor” was considered as a common factor in all three cases. In Case-1, the report was made; however, important information was missing. In Case-2, incorrect decisions were made due to inappropriate cardiotocogram (CTG) placement. In Case-3, the problem occurred at the time of reporting, wherein one of the two midwives interrupted the report to the doctor and said that “the care for the patient is finished, so no further advice is needed. Following which, the doctor did not check the patient. In Case-1, education and training is needed to improve the midwife’s judgment and their understanding of protocols as following them can reduce judgment errors. In Case-2, real-time monitoring with CTG by multiple healthcare providers is required to ensure a rapid response system. In Case-3, midwife– obstetrician communication and collaboration should be standardized.



Author Information
Yumiko Yamazaki, Kawasaki City College of Nursing, Japan

Paper Information
Conference: ACSS2024
Stream: Politics

This paper is part of the ACSS2024 Conference Proceedings (View)
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To cite this article:
Yamazaki Y. (2024) Perinatal Malpractice Litigation and Midwives’ Responses: Risk Management and Legal Analysis ISSN: 2186-2303 – The Asian Conference on the Social Sciences 2024: Official Conference Proceedings (pp. 107-117) https://doi.org/10.22492/issn.2186-2303.2024.10
To link to this article: https://doi.org/10.22492/issn.2186-2303.2024.10


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Posted by James Alexander Gordon