![]() In response to the national medical malpractice crisis, 29 states have enacted evidentiary rules that make expressions of sympathy following an accident or error inadmissible in civil court to prove liability. ![]() The physician's silence, rather than preventing a lawsuit, incited one. Seemingly left with no other avenue, she filed a lawsuit, seeking answers and retribution. The mother, in turn, became frustrated and angry when she was unable to get an explanation for her newborn's injury. would sue if she discovered he had erred in failing to recommend an ultrasound, the physician in the above hypothetical case, acting on the advice of his employer hospital and the hospital's insurance carrier, remained silent about his mistake. Two national surveys designed to assess attitudes toward disclosure revealed that fear of litigation was the primary reason for both physicians' and hospitals' reluctance to disclose errors and unanticipated outcomes. Medical malpractice premiums have skyrocketed in recent years, most significantly in specialties such as obstetrics-gynecology and neurosurgery, and as a result many physicians fear that every patient is a potential litigant. While most physicians would agree with this principle in theory, full disclosure has not always been the norm. The guidelines go on to state that a physician's concern about legal liability that might result from full disclosure should not affect his or her decision to deal candidly with a patient. The American Medical Association Code of Medical Ethics, which sets forth standards of professional conduct, states that when a patient suffers significant medical complications that may have resulted from the physician's mistake or judgment, the physician is ethically required to disclose to the patient all the facts necessary to ensure understanding of what has occurred. that, had he performed an ultrasound, he would have recommended a cesarean section. The physician was distraught about the case he personally carried the baby to the neonatal intensive care unit to try to achieve the best outcome and struggled with whether or not to inform Mrs. ![]() ![]() The ultrasound would have revealed an abnormally large fetus, and the physician could have recommended a cesarean section, which would have prevented the shoulder dystocia and associated risks. The physician noted in retrospect that, because his patient had uncontrolled diabetes during pregnancy, an ultrasound at the time of presentation or during the labor would have been standard practice. The delivery was complicated by shoulder dystocia, and the newborn was found to have paralysis of his right arm secondary to brachial plexus injury. The physician requested her clinic chart, but it never arrived, and he coached the patient to push for the next two hours. She was 28 years old, had two living children and was 38 weeks pregnant. arrived at the county hospital in active labor. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |