Eric Frisch to Present at the ACI Obstetric Malpractice Claims Conference

Eric Frisch will present Neonatal Brachial Plexus Palsy at the ACI Obstetric Malpractice Claims Conference. The conference will run from June 26-27 at The Union League of Philadelphia, 140 South Broad Street, Philadelphia, PA 19102.

Eric’s presentation will be on June 26 at 10:30 a.m. Please click here for more information.

Neonatal Brachial Plexus Palsy
• Brachial plexus: injury with and without shoulder dystocia
• Fundal pressure, expulsive forces and clinician applied forces
• Failure to detect macrosomia
• Understanding the key risk factors for shoulder dystocia, how they should be managed, and the delivery note
• The Expulsion Defense and its impact on juror’s perception of defense credibility and verdicts

Clients, contacts, and colleagues are eligible for a speaker discount referral rate valid until May 5th. As a speaker referral, the attendee will be registered at an unpublished rate (not available online).

Register by May 5th and your clients, contacts, and colleagues can register at the referral rate of $1,885.50. This rate is available only through Esther Ro at ACI and not online.

Please contact Esther directly with your contact information.

Esther Ro, Esq.
Sr. Legal Analyst & Program Director
American Conference Institute
Business Information in a Global Context
45 West 25th Street, 11th Floor, New York, NY 10010
Phone: 212-352-3220 ext. 5225

Please book your hotel rooms at The Union League of Philadelphia as rooms are booking fast.

Please call 215-587-5570 and mention “Obstetric Malpractice” to get the preferred rate.

Alabama Jury Awards $16 million in Malatesta Case

We reported about the Malatesta v. Brookwood Medical Center case as part of our writings on obstetric violence. The Malatestas sued Brookwood, alleging they were misled about the types of alternative birth services that were offered. The Malatestas wanted a water birth with minimal medical intervention and Brookwood allegedly represented they had full capability to accommodate the birth plan. The Malatestas alleged that when they went in for the delivery, no one was aware of the birth plan and she was subjected to multiple medical interventions over her objections. Recently, the case went to trial and the jury returned a $16 million verdict, which included $10 million in compensatory damages and $1 million for loss of consortium. With the recent release of the American Congress of Obstetricians and Gynecologists’ practice bulletin on patient autonomy and now this verdict, there is a larger trend of informed refusal and patient autonomy cases may be starting.

ACOG Issues Committee Opinion Regarding Refusal of Recommended Treatment

What happens when a pregnant woman refuses treatment that a provider believes is beneficial to both her and the fetus? The American College of Obstetricians and Gynecologists just issued a new Committee Opinion on just this topic (ACOG No. 664). According to ACOG, the committee opinion was necessary to address the balance between the provider’s “ethical obligation to safeguard the pregnant woman’s autonomy” and the “ethical desire to optimize the health of the fetus.” In the Opinion, ACOG opposes “forced compliance,” which it defines as “the alternative to respecting violations of bodily integrity, power differentials, and gender equality.”

The Committee opined that, in general, a pregnant woman has the right to refuse treatment, even if that treatment is needed to maintain life. The Committee encourages providers to engage in active dispute resolution when the woman refuses treatment, including “eliciting the patient’s reasoning, lived experience, and values.” The Committee warns against providers evoking “conscience as a justification to attempt to coerce a patient into accepting care that she does not desire.”

The Committee Opinion appears to be part of a larger movement related to patient autonomy, recognition of a category known as “obstetric violence,” and updating the Hippocratic charge for the provider for the modern age.

Partner Eric Frisch is speaking on this topic at the ACI Conference on Obstetrics and Gynecology legal issues on June 22-23 in Philadelphia.

Click here for more information.