Re: OB: Why is there litigation for persistent nerve injury after

From: Bernard Cristalli (bcrist@club-internet.fr)
Sun Apr 26 02:46:31 1998


Geffrey H. Klein, MD wrote: >
> Hi all.. I would like to get other opinions.
>
> Why is it that persistent brachial plexus injuries secondary to shoulder
> dystocia is such a common source of medical malpractice litigation against
> birth attendants? There is a large body of evidence to suggest that this
> condition is unpredictable. ...

> This may lead to cesarean deliveries despite a large body of evidence that cesarean is not
> fully protective and that a large number of these operations are required to prevent
> one permanent brachial plexus injury.
>

--

The point is that you compare two percentages: the risk of shoulder dystocia, let's say 1%, compared to the brachial palsy which is 100% for the one who has it. So you're not talking about percentages but of emotion. There may be an injury without fault, that is what we call "therapeutic alea". Should it be indemnized or not? who will be charged?

--
Bernard Cristalli MD CNGOF
AIHP - ACCA
Paris - France
http://www.obgyn.net/corresp/cristalli.htm




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