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Applying no-fault compensation criteria to obstetric malpractice claims.
MedLine Citation:
PMID:  10838396     Owner:  NLM     Status:  Publisher    
Abstract/OtherAbstract:
Objective: To determine in obstetric malpractice cases the incidence of adverse events (AE), defined in the litigation literature as an injury caused by medical management, and to determine the proportion of cases that would meet no-fault criteria.Methods: In a retrospective cohort design, all neonatal outcome claims (n = 47) occurring between January 1992 and December 1993 were reviewed from carriers in Massachusetts, Colorado, and Utah. Two obstetricians determined whether an AE occurred, as defined above. The cases were then reevaluated according to Swedish Compensatory Event (SCE) criteria, which compensate AEs due to avoidable or substandard care, and to Florida Neurological Injury Compensation Association (NICA) criteria, which compensate neurologic injury following peripartum oxygen deprivation or mechanical injury.Results: An AE occurred in only 23/47 claims, representing 49% (95% CI 34-64%). SCE criteria were met in all 23 of the cases with an AE. NICA criteria were met in 9/23, or 39% (95% CI 19-61%), of the cases with an AE. Neither SCE nor NICA criteria were satisfied in any of the 24 cases without an AE. There were strong relationships between an occurrence of an adverse event and fulfilling criteria for SCE (P <.001) and NICA (P <.001).Conclusion: Neonatal injury caused by medical management occurs in less than half of the obstetric malpractice claims. No-fault compensation criteria can be successfully applied to claims, and both the SCE and NICA methods are specific in avoiding compensation to claims without an AE. The SCE criteria are more sensitive than the NICA criteria for compensating AEs. Applying the SCE system to claims would result in a larger proportion of claims successfully meeting no-fault criteria than using the NICA system.
Authors:
Saphier; Thomas; Studdert; Brennan; Acker
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Publication Detail:
Type:  JOURNAL ARTICLE    
Journal Detail:
Title:  Primary care update for Ob/Gyns     Volume:  5     ISSN:  -     ISO Abbreviation:  Prim. Care Update Ob Gyns     Publication Date:  1998 Jul 
Date Detail:
Created Date:  2000-06-05     Completed Date:  -     Revised Date:  -    
Medline Journal Info:
Nlm Unique ID:  9431228     Medline TA:  Prim Care Update Ob Gyns     Country:  -    
Other Details:
Languages:  ENG     Pagination:  208-209     Citation Subset:  -    
Affiliation:
Department of Obstetrics, Gynecology, and Reproductive Medicine, Brigham and Women's Hospital and Harvard Medical School, Massachusetts, Boston, USA
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