JAMA: Implications of cerebral palsy litigation. “Judges, jurors, and most plaintiffs in CP lawsuits may be unaware of the fallibility of the high-tech gadgetry of modern obstetrics, including EFM, and may not realize that these devices cannot reliably predict or influence obstetric outcome. The plaintiff’s attorney has the double advantage of the undeserved suffering by a child and family and a simple, seemingly reasonable explanation. That may not be enough for outright victory, but it is a potent weapon of intimidation. The result is that 86% of obstetrics malpractice claims are settled out of court, half of them with payment, at great cost to the profession, to insurers, and to society at large.

Plaintiffs often see little of the settlement after the legal fees are paid. In addition, patients’ access to obstetricians is decreasing. For example, 15% of surveyed obstetricians said they had left the specialty due to litigation, and 22% had greatly reduced their obstetric practice. Young obstetricians may avoid entering practice in states with high malpractice premiums, reducing patients’ access to care.” (via Red State Moron)