Obstetricia y ginecología: análisis sobre la mala praxis en el sistema sanitario público español

Abstract

Introduction

Obstetrics 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 analyze the characteristics of medical liability rulings in Spain in public health care in the speciality of obstetrics and gynecology.

Methods

Cross-sectional observational study that analyzed 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.

Results

We analyzed 1,015 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 (2,000-800,000).

Conclusions

The high frequency of claims in obstetrics and gynecology indicates that these are “high risk” specialties for litigation. The vast majority of judgments are dismissed, i.e. in favor 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 health care.