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Peter I. Bergé, PA, JD Bendit Weinstock, PA West Orange, NJ. From Labor to Lawsuit: Case Studies in OB/GYN Malpractice. The Program. Tort Reform Case studies Take-home lessons. Advisory. Not a content expert Not an OBG practitioner Intent of the program. - PowerPoint PPT Presentation
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From Labor to Lawsuit: Case Studies in OB/GYN Malpractice
Peter I. Bergé, PA, JDBendit Weinstock, PAWest Orange, NJ
The Program
Tort ReformCase studiesTake-home lessons
Advisory
Not a content expertNot an OBG practitioner Intent of the program
Healthy 6 y/o girl, abrupt onset of abdominal pain; vomits x 1
To local community hospital EDHypotensive, tachycardic,
tachypneicPeripheral and circumoral cyanosisDecreased level of consciousness
IV, two saline boluses 20 ml/kgNG tubeChest/abdominal filmsCBCD, chemBlood cx.
Abdominal films: large, dilated loops of bowel with air-fluid levels
ED doctor: boarded in EM/PedsArranges transport to tertiary care
center for pediatric surgical consultation
Peds intensive care team/transport at ED within 1 hour of arrival
PICU resident on transport team: Third saline bolus Calls ahead to order abdominal CT
Child admitted to PICU; notations by nurses/resident of cyanosis and decreased LOC
Pediatric surgeon arrives (~10 PM Sunday) and assesses child
After fluid resuscitation, BP low normal, tachycardic, LOC WNL
Diagnosis: urosepsis vs. gastroenteritis
No further evaluation
Mother: why no CT?Surgeon goes home6 hours later: PICU calls surgeon to
inform that they are doing CPRChild dies in front of parentsAutopsy: necrotic bowel; malrotationParents under psychiatric care years
laterMother medicated and under
intensive treatment
Economic value of case?
Should he be sued?
Do the parents deserve redress?
You are the jury. . .
Common OB Causes of ActionShoulder dystocia/brachial plexus
injuryUltrasound issuesPrenatal testingPerinatal Group B strepPreterm labor Improper fetal monitoringPregnancy-induced
hypertension/preeclampsia
Common OB Causes of ActionVaginal birth after cesarean section
(VBAC)Negligent neonatal resuscitationPostdatism and prematurityGenetic counseling and testing
Potentially: ectopic pregnancy
Potential GYN Causes of ActionDelayed diagnosis of cancer
Cervical Uterine Breast Ovarian
Failure to diagnose PID Injuries during fertility proceduresPrescription of OCPsPrescription of HRT
Case 1
59-year-old woman with hx. of triple vessel coronary disease in 2003, hysterectomy in 1991. Had been on hRT.
Despite recent developments, GYN continued hRT due to cardiac risk
Stopped for about a year, then re-started. Wanted to stop: cysts on every mammogram
Radiologist referred to “estrogen cysts”
Case 1
Believed that cysts “went away” during hiatus in therapy
In 2004 required excisional biopsy of lesion because radiography was equivocal
Benign cyst
Case 1
Claimed negligence: Improper prescription of HRT Product liability
Claimed injury Surgery (excisional biopsy) Increased medical monitoring
Case 1 - Analysis
Deviation from SOC (breach)?
Injury?
Causation?
Damages?
Outcome:
Case 2
December 2001: 24 –year-old gravida 5, para 3, TAB 1 presented to family practice for prenatal care
19-20 weeks gestation by datesHx. of minor congenital defects in
previous childrenPresented relatively late because
was not sure before that she wished to continue the pregnancy
Case 2
The baby was born with no arms.Not discovered because no U/S was
done.
Case 2 - AnalysisDeviation from SOC (breach)?
Case 2 - Analysis
Breach?
Injury?
Case 2 - Analysis
Causation?
Damages?
Decision:
Case 2 - Evolution
Case 2 - Resolution
Case 2 - Lessons
Stick to the schedule Immediately, clearly document
reasons for any variations from schedule
When something is missed, mitigate where possible
Case 3
January 2003: 27-year-old female with h/o incompetent cervix and two prior C-sections
On bed rest with cerclageTaken to surgery for C-sectionDevelops heavy bleeding during
surgeryTold afterward that a hysterectomy
was done Infant is fine
Case 3 - Analysis
Deviation from SOC (breach)?
Injury?
Causation?
Damages?
Outcome:
Case 3 - Analysis
Deviation from SOC (breach)?
Patient communication?
Case 3 - Analysis Injury?
Causation?
Damages
Outcome
Case 3 - Lessons
Talk to your patients!Tell them, tell them againWrite down what you told them and
give it to themWrite in the chart that you wrote
what you told them and gave it to them
Case 4 2002. 20-year-old female comes under care
of OBG (Dr. O). While performing obstetric U/S Dr. O notes
apparent cleft palate and cannot visualize eye sockets well
Dr. O. refers patient to MFM, Dr. U, for level II U/S
Writes on Rx. to look for cleft palate and eyes
Dr. U performs multiple views of cleft palate
Case 4
Dr. U does not examine or report on eyes
Infant is born with anophthalmia
Case 4 - Analysis
Deviation from SOC (breach)?
Injury?
Causation?
Damages?
Outcome:
Case 4 - Analysis
Deviation? Dr. O.:
Dr. U.:
Case 4 - Analysis
Injury? Wrongful birth case Child born without eyes Trauma to parents Expenses and special needs
Case 4 - Analysis
Causation? “But for. . .” Dr. O? Dr. U?
Case 4 - Analysis
Damages?
Case 4 - Resolution
Case 4 - Lessons
Have concrete, consistent, reproducible system for Tracking tests ordered Following up on results Contacting patients with results Documenting all of the above Attempts to reach patients should be
proportionate to the potential harm to the patient
Documentation should be extensive
OTHER COMMUNICATION POINTSTell patient what your concern is
Cancer, losing pregnancy, bleeding, etc. Use the words and document that you
did (do not leave room for patient to say that you didn’t tell her how serious it was)
Follow-up instructions need to be clear, detailed and individualized
OTHER COMMUNICATION POINTSCover contingencies: Call if. . . Come
back if. . . To ED if. . . Call 911 if. . .Call if problems with medication;
unexpected spotting or cramping. . .Come back if unexpected bleeding or
moderate painTo ED if severe pain, heavy bleeding,
shoulder pain911 if lightheadedness or passing
out
OTHER COMMUNICATION POINTSDocument all of the above If possible, keep a copy of what you
gave the patient
Thanks
Abbott Brown, Esq.You
For completing evals For your attention
Peter I. Bergé, Esq.Bendit Weinstock80 Main St. Ste. 260West Orange, NJ [email protected]