Obstetric Malpractice

Obstetric Malpractice

It is estimated that over half of all medical malpractice claims are related to obstetric and gynecological care. In fact, many physicians are discontinuing their obstetrical practices because the cost of insurance for obstetricians has skyrocketed and the availability of malpractice insurance is sometimes limited. With fewer physicians providing maternity and prenatal care, women's access is restricted, depriving them of the benefits of good prenatal care.

Malpractice claims against obstetricians usually result after a baby is born less-than-perfect. Whether the obstetrician was responsible for the baby's problems or whether the problem is merely an unfortunate medical consequence or an unavoidable birth defect is at issue. Thus, malpractice claims against obstetricians assert that the obstetrician's negligence was the cause of injuries to the child or the parents. In addition to ordinary negligence, malpractice claims can be filed in most jurisdictions for wrongful pregnancy (such as failure to properly sterilize); wrongful birth (failure to advise parents about birth defects, denying parents the opportunity to choose to abort); wrongful life (a child with a birth injury or defect's claim for damages as a result of being born with the injury or defect); and wrongful death (negligent care caused the child's death). Whether certain claims such as wrongful pregnancy can be filed against an obstetrician depends on the law of each state.

An obstetrician has the duty to employ that degree of skill and knowledge possessed by a reasonably competent physician in the same or similar circumstances. Because obstetricians are also considered specialists, they are charged with a higher duty of care than the average doctor. Thus, they must conform to the minimum accepted standards of the specialty. To succeed on an obstetrical malpractice case, a plaintiff must first establish that the obstetrician failed to meet the standard of care. In addition, the plaintiff must prove causation - that the failure to meet the standard of care was the cause of the plaintiff's injuries. To establish causation, the plaintiff must show that but for the obstetrician's negligence, the injury would not have happened. Plaintiffs are required to use expert testimony from an obstetrician in order to establish causation.

Damages in obstetrical malpractice cases can be very high. Depending on the state in which the action is filed, plaintiffs can recover for pain and suffering, medical expenses, and loss of future earning capacity. In some cases, damages for emotional distress and punitive damages are also available. Some states allow plaintiffs to recover the difference between the cost of raising the injured child and the cost the parents would have incurred in raising a non-injured child. Damage awards in medical malpractice cases have, however, been limited in many states.

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