Obstetrics and gynecology: An analysis of malpractice in the Spanish public health system

Abstract

BackgroundObstetrics and gynecology is one of the specialties most involved in malpractice claims. However, there are few studies that provide scientific information on this topic. The aim was to analyse the characteristics of medical liability rulings in Spain in public healthcare in the speciality of obstetrics and gynecology. MethodsCross-sectional observational study that analysed the rulings handed down in the contentious-administrative jurisdiction by the Superior Courts of Justice (2008–2020), in the speciality of obstetrics and gynecology. The variables were administrative, clinical, judicial, and compensatory. ResultsWe analysed 1015 rulings, of which 142 (13.99%) related to the speciality of obstetrics and gynecology. A total of 67.61% of the rulings were dismissed at first instance and 89.28% at second instance. The most frequent reasons for an upheld ruling were diagnostic and/or therapeutic malpractice (40.90%), lack of information (20.45%), and loss of opportunity (18.18%). The most frequently claimed damage was sequelae (66.14%). The median award was 53 758.50 euros (2000–800 000). ConclusionsThe high frequency of claims in obstetrics and gynecology indicates that these are “high risk” specialties for litigation. The vast majority of judgements are dismissed, i.e. in favour of the administration. The analysis of these results helps to structure the role of lawsuits and to increase professionals' knowledge of the medico-legal aspect of healthcare.