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“In the practice of an average maternity caregiver, negligent injury (meeting legal criteria for malpractice) of women and newborns appears to occur more frequently than any claim and far more frequently than a payout or trial.Women may be more likely to sustain negligent injury than newborns, while newborn injuries overall are more severe and are more likely to be handled by the legal system”
Synopsis
This [executive summary covers a] report that summarizes the best available research about the impact of the health care liability system on maternity care, and policy strategies for improved functioning of the liability system in maternity care.[1]
It draws on maternity-related empirical legal studies and health services research when available and other studies when unavailable. Improved understanding of these matters can help transcend polarized discourse, guide policy intervention, and address persistent shortcomings.
The best available research does not support a series of widely held beliefs about the impact of the liability system on maternity care, including the economic impact of liability insurance premiums on maternity care clinicians, the existence of extensive defensive maternity practice, and the impact of limiting the size of awards for non-economic damages in a malpractice lawsuit.
In the practice of an average maternity caregiver, negligent injury (meeting legal criteria for malpractice) of women and newborns appears to occur more frequently than any claim and far more frequently than a payout or trial. Women may be more likely to sustain negligent injury than newborns, while newborn injuries overall are more severe and are more likely to be handled by the legal system.
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