Petrovic, M; Nicholls, J; Siassakos, D; (2022) Proceed with reasonable care: When legal principles inform training to prevent harm during the childbirth. Best Practice and Research: Clinical Obstetrics and Gynaecology , 80 pp. 105-113. 10.1016/j.bpobgyn.2021.12.006.

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Abstract

Maternity claims represent the highest value and second highest number of clinical negligence claims reported to the NHS Litigation Authority (NHSLA). Most obstetric litigation is brought under the law of negligence which requires the claimant to show three things: that a duty of care was owed, that the duty was breached and that the breach caused loss. Training to prevent litigation should focus on ‘Clinical’ – multidisciplinary, simulation-training and ‘Non-Clinical’ (starting all discussions with women and their families timely, informing them about ‘material’ risks and addressing their particular concern, treating decision-making as a team process, using translation services early in the process, even before the emergency occur). Therefore, maternity claims are one of the most frequent and most expensive ones. Each unexpected pregnancy outcome can possibly trigger litigation. Effective training should address both ‘clinical’ and ‘non-clinical’ situations.

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