Profile analysis of litigation in obstetrics and impact of the expert report on judicial decisions

Abstract

The growing number of lawsuits against obstetricians gives rise to great concern to society, and it is important that an analysis be done of the profile of the legal processes so that preventive measures can be adopted and also so that experts can better understand what the current understanding is of the judges, in order for justice to be done appropriately. We analyzed 86 decisions of the Court of Justice of the State of São Paulo that had been deliberated in the years 2009 and 2010, involving litigation cases for alleged malpractice in obstetrics. The objectives were to evaluate the profile of civil claims of alleged malpractice in obstetrics, analyzing the impact of expert opinion on the sentence, the main causes of dispute, the profile of the defendants and the current understanding of the judge and an average of the value of the law suits, when owed, in the state of São Paulo in 2009 and 2010. The major reasons for the processes were stillbirth and neonatal anoxia. The main defendants involved in the process were hospitals and health insurances companies. The major sentences are arbitrated in cases where there were sequelae of fetal anoxia. Medical expertise was used as the basis for the judgments in 79.06% of cases, and in cases of fetal anoxia, it was the basis for 100% of the sentences. It was concluded that owing to the complexity of the cases, medical expertise plays a key role in judicial decisions, decisively influencing the sentences. It is therefore of utmost importance that the medical expert is aware of the profile of the processes and the current understanding of the judge in order to improve their reports and respond adequately to the expectation of the judiciary.