Malpractice, defensive medicine, and obstetric behavior. 1997

A D Tussing, and M A Wojtowycz
Department of Economics, Maxwell Graduate School of Citizenship and Public Affairs, Syracuse University, NY 13244, USA. tussing@syr.edu

OBJECTIVE The authors examine 58,441 obstetric deliveries in New York State outside New York City to test for the existence of defensive medicine in obstetrics. METHODS The data consist of merged vital statistics and hospital discharge records from the New York State Department of Health, together with other merged variables. Physician fear of malpractice is proxied by cumulative obstetric malpractice suits by county for 1975 through 1986. A generalized probit analysis is used. RESULTS Malpractice exposure is shown to influence slightly the use of the electronic fetal monitor (EFM), a major diagnostic tool. Use of the EFM is shown to influence the diagnosis of fetal distress; fear of malpractice influences this diagnosis both directly and through the EFM. The diagnosis of fetal distress significantly affects the choice of cesarean section (c-section) as a method of delivery; hence, fear of malpractice influences the choice of a c-section both directly and through the diagnosis of fetal distress. Failure to include indirect effects via diagnostic procedures and diagnosis would result in an underestimate of the effect of fear of malpractice. Of an overall c-section rate of 27.6% in the data set, fear of malpractice accounts for an estimated 6.6 percentage points, of which 4.4 percentage points reflect a direct effect, and the remaining 2.2 percentage points reflect the effect of malpractice exposure on the use of the EFM and, directly and indirectly, the diagnosis of fetal distress. CONCLUSIONS The results appear to confirm the existence of defensive medicine in obstetrics. Whether this is a desirable or undesirable effect remains ambiguous, but it is costly.

UI MeSH Term Description Entries
D008297 Male Males
D008318 Malpractice Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed) Professional Negligence,Negligence,Negligence, Professional,Professional Negligences
D009035 Mothers Female parents, human or animal. Mothers' Clubs,Club, Mothers',Clubs, Mothers',Mother,Mother Clubs,Mother's Clubs,Mothers Clubs,Mothers' Club
D009518 New York State bounded on the north by Lake Ontario and Canada, on the east by Vermont, Massachusetts, and Connecticut, on the south by the Atlantic Ocean, New Jersey, and Pennsylvania, and on the west by Pennsylvania, Lake Erie, and Canada.
D009774 Obstetrics A medical-surgical specialty concerned with management and care of women during pregnancy, parturition, and the puerperium.
D011247 Pregnancy The status during which female mammals carry their developing young (EMBRYOS or FETUSES) in utero before birth, beginning from FERTILIZATION to BIRTH. Gestation,Pregnancies
D002585 Cesarean Section Extraction of the FETUS by means of abdominal HYSTEROTOMY. Abdominal Delivery,Delivery, Abdominal,C-Section (OB),Caesarean Section,Postcesarean Section,Abdominal Deliveries,C Section (OB),C-Sections (OB),Caesarean Sections,Cesarean Sections,Deliveries, Abdominal
D003675 Defensive Medicine The alterations of modes of medical practice, induced by the threat of liability, for the principal purposes of forestalling lawsuits by patients as well as providing good legal defense in the event that such lawsuits are instituted. Defensive Practice,Medicine, Defensive,Defensive Practices
D005260 Female Females
D005323 Fetal Monitoring Physiologic or biochemical monitoring of the fetus. It is usually done during LABOR, OBSTETRIC and may be performed in conjunction with the monitoring of uterine activity. It may also be performed prenatally as when the mother is undergoing surgery. Monitoring, Fetal,Fetal Monitorings,Monitorings, Fetal

Related Publications

A D Tussing, and M A Wojtowycz
December 1994, Hospital technology series,
A D Tussing, and M A Wojtowycz
January 2002, Archives of internal medicine,
A D Tussing, and M A Wojtowycz
January 1996, Cancer investigation,
A D Tussing, and M A Wojtowycz
March 1976, The New England journal of medicine,
A D Tussing, and M A Wojtowycz
July 1987, The Journal of the Florida Medical Association,
A D Tussing, and M A Wojtowycz
April 2012, The European journal of health economics : HEPAC : health economics in prevention and care,
A D Tussing, and M A Wojtowycz
January 2014, Igiene e sanita pubblica,
A D Tussing, and M A Wojtowycz
January 1984, Evaluation and program planning,
A D Tussing, and M A Wojtowycz
January 2016, PloS one,
A D Tussing, and M A Wojtowycz
June 1983, Transactions & studies of the College of Physicians of Philadelphia,
Copied contents to your clipboard!