title: Litigations in Obstetric and Gynecological Practice: Can it be prevented? A Probability to Possibility.
abstract: BACKGROUND
  Litigation in medical practice is becoming a global problem. So it is necessary to know what constitutes negligence and what is required to prove it and how far it is preventable.
  
  
  OBJECTIVE
  To analyze the prevalence and reasons for litigations in Obstetrics and Gynaecology for medical negligence and deficiency in service. To analyze on what grounds negligence was proved and to know whether it was preventable.
  
  
  METHODS
  It is a retrospective analysis of the judgments obtained from all the District Consumer Courts of South India and was specifically analyzed for reasons in filing the case, nature of settlement, and factors considered in deciding negligence especially in the field of obstetrics and gynecology.
  
  
  RESULTS
  Totally 1317 cases were found on medical negligence and deficiency in service, with 347 (26.34 %) cases on Obstetrics and Gynecology (OBG) topping the list. Out of 347 cases on OBG 312 (89.91 %) cases were settled in the Courts. Negligence was proved in 98 (31.41 %) cases and 214 (68.59 %) cases were dismissed without compensation. 77 (24.68 %) cases on gynecology were filed with common reasons for litigation being Post-op complications, intraop complications (11.68 %), extension of surgery beyond consent (2.6 %) and out of 235 (75.32 %) cases on Obstetrics, tubectomy failure (23.82 %), birth asphyxia (10.21 %), traumatic injury to new born (5.96 %) were the common reasons for litigations. Inadequate documentation and improper consent were the main factors considered in deciding negligence on part of the doctors.
  
  
  CONCLUSIONS
  With reasonable skill and care in diagnosis and treatment, proper documentation and legally valid consent it is not probable but possible to prevent litigations.
authors.affiliation: Department of OBG, JSS Medical College and Hospital, JSS University, #140/4, 2nd Cross, Shankarmutt Road, Fort Mohalla, Mysore, Karnataka 570004 India.
authors.forename: Surakshith L
authors.initials: SL
authors.lastname: Gowda
authors.affiliation: Department of OBG, JSS Medical College and Hospital, JSS University, #140/4, 2nd Cross, Shankarmutt Road, Fort Mohalla, Mysore, Karnataka 570004 India.
authors.forename: Ambarisha
authors.initials: A
authors.lastname: Bhandiwad
authors.affiliation: Department of OBG, JSS Medical College and Hospital, JSS University, #140/4, 2nd Cross, Shankarmutt Road, Fort Mohalla, Mysore, Karnataka 570004 India.
authors.forename: N K
authors.initials: NK
authors.lastname: Anupama
keywords: Birth asphyxia; Consent; Consumer court; Litigation; Medical negligence; Obstetrics and Gynecology