Clinical Review

Sound strategies to avoid malpractice hazards on labor and delivery

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Basic principles of documentation

The medical record is the best witness to interactions between a physician and a patient. In the record, we’re required to write a “5-C” description of events—namely, one that is:

  • correct
  • comprehensive
  • conscientious
  • clear
  • contemporaneous.

Avoid medical jargon in the record. Be careful not to use vague terminology or descriptions, such as “mild vaginal bleeding,” “gentle traction,” or “patient refuses and accepts the consequences.” Specificity is the key to accuracy with respect to documentation (TABLE 4).

Editor’s note: Part 2 of this article will appear in the January 2011 issue of OBG Management. The authors’ analysis of L & D malpractice claims moves to a discussion of causation—by way of 4 troubling cases.

READ MORE ABOUT LIABILITY

You’ll find a rich, useful archive of expert analysis of your professional liability and malpractice risk, at www.obgmanagement.com

10 keys to defending (or, better, keeping clear of) a shoulder dystocia suit
Andrew K. Worek, Esq (March 2008)

After a patient’s unexpected death, First Aid for the emotionally wounded
Ronald A. Chez, MD, and Wayne Fortin, MS (April 2010)

Afraid of getting sued? A plaintiff attorney offers counsel (but no sympathy)
Janelle Yates, Senior Editor, with Lewis Laska, JD, PhD (October 2009)

Can a change in practice patterns reduce the number of OB malpractice claims?
Jason K. Baxter, MD, MSCP, and Louis Weinstein, MD (April 2009)

Strategies for breaking bad news to patients
Barry Bub, MD (September 2008)

Stuff of nightmares: Criminal prosecution for malpractice
Gary Steinman, MD, PhD (August 2008)

Deposition Dos and Don’ts: How to answer 8 tricky questions
James L. Knoll, IV, MD, and Phillip J. Resnick, MD (May 2008)

Playing high-stakes poker: Do you fight—or settle—that malpractice lawsuit?
Jeffrey Segal, MD (April 2008)

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