Midwives On Trial

Every day, an increasing amount of personal information is posted on the internet, often without our knowledge. It’s not breakthrough information that it houses a gold mine of information for lawyers to use.

As a medical professional, you stand a decent chance of being involved in litigation, either directly or by peripheral involvement. Whether you, personally, have been named as a defendant or you were present during a situation deemed a violation of the standards of practice, being called to deposition can be a disturbing experience.

A majority of individuals, from most professions, do not have a clear understanding regarding Standard of Care. The first thing to understand is that standard of care is a legal term. It is not a medical term.

I have never encountered anyone that actually enjoyed taking call, especially at night. Although this dedicated time probably represents a majority of the effort we put forth as maternity care providers. When on call, healthcare providers are available for consultation, evaluation, reassurance, and a plan of care, either in-person or by phone.

I have presented the most risk-averse ways to document in the record in order to reduce your risk of being sued for negligence. This article, however, is aimed at how the electronic record, itself, can place you in legal jeopardy.

Incomplete documentation of critical events is a standard error and interferes with effective representation for defense attorneys. OB and Neonatal providers encounter recurring situations that account for fetal/neonatal injuries.

Summer is here, and along with climate change, the weather is hotter and drier for much of the world. Wildfires have become more common even in places that have typically not experienced them to any significant degree. If you are pregnant, wildfire smoke from a wildland fire, or even a campfire, could have an impact on pregnancy.

Standard of care is a legal term, not a medical or midwifery one. When referring to the quality of care provided in a situation of healthcare, standard of care is the term of lawyers, not healthcare providers.

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Bullying and incivility in midwifery, nursing, and obstetrical practice have been the subject of several articles in the past few years. In 2008, JCAH published a sentinel event alert requiring all hospitals with their accreditation to have a policy in place for the confidential reporting of bullying without fear of repercussions.

Some of the most frequently requested documents from health care institutions in preparation for litigation are Policies & Procedures. An example: Pitocin dosage and management, nursing protocols, electronic fetal monitoring, VBAC, shoulder dystocia, mag and pre-e, preterm labor, oxygen administration and neonates, AND Chain of command. Plaintiffs’ attorneys will compare relevant policies and procedures to the care provided and how it was documented.

Avoid comments in your documentation that can be considered “blaming” e.g. “I gave the order to the nurse but she never seems to listen to anything I say”. Generally avoid recording any negative conversations or disruptive team member behavior. This scenario will make any plaintiffs’ attorney jump fpr joy.