quick question

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I was in a delivery with a physician, G4 P3 term, and mother's epidural was wearing off, so she could move freely in the bed. She was screaming and moving up in the bed. The doctor placed his hands on her thighs and pulled her down into position just and baby is crowning. After delivery mother is screaming at the top of her lungs for the baby to cry. Dr. is still suctioning the infant's nose and mouth not allowing the infant to cry, mother is still freaking. So finally a fait cry, and mother is overjoyed, dr makes a comment about the positive drug screen not being helpful to the baby. Problem is the whole family is in the room. He just broke confidentiality about the pos drug screen. I was pulled aside a week later and told that the patient involved is sueing the physician for assault and battery, claiming he slapped her legs. I had to write a report of what happen. I didn't feel there was any improper phyical contact between the physician and patient. He probably shouldn't told her infront of everyone that her drug screen was positive, but he didn't phyisically asuault anyone either. any advice?

Seems like it would be a pretty shaky suit. I think she would have a hard time proving any damages related to the assault. With that said, the doctor's comment probably ticked the patient off and increased the chance that she would try to sue for something. It's a good lesson for us.

Be honest and provide an objective account about the incident. Assault and battery in this case sounds shakey. As to the issue of confidentiality, if the mother allowed the family in the room during the delivery, grounds there may also be shakey if she should decide to sue for breach of confidentiality.

The lawyers will work this one out.

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

It sounds shaky all around. But then, I was not there.

Specializes in Behavioral Health.

just state the facts in relation to when he put his hands on her. I don't think there is even any need to talk about the comment...no matter how inappropriate.

Specializes in Case Mgmt; Mat/Child, Critical Care.

I think an objective statement should do it. Inject no personal feelings. And I mean objective in terms of medically, what he was doing, assisting w/mother's positioning to facilitate delivery.....? Plus, it is always made clear that when you allow all these people in the room, especially during a birth, for crying out loud, confidentiality sometimes is non-existent. If this woman did have a positive drug screen, I'm sure risk mgmt and the lawyers will have this sorted out quickly.

I do not agree that having support people in the delivery room negates your right to confidentiality. If A patient had Syphilis, there is no reason for her grandmother to hear about it! The same is true for plenty of protected information. The doctors comment about the postive drug screen was inappropriate, whether her family was in the room or not!

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

One thought occurs to me:

If you did not do this already, you best make a very clear and concise Incident or Occurence Report, making sure your OB manager and the House Supervisor on that shift are CC'd!!!! Make sure Risk Management is in the Loop!

This is critical, from what I can see.

Specializes in Case Mgmt; Mat/Child, Critical Care.
I do not agree that having support people in the delivery room negates your right to confidentiality. If A patient had Syphilis, there is no reason for her grandmother to hear about it! The same is true for plenty of protected information. The doctors comment about the postive drug screen was inappropriate, whether her family was in the room or not!

Well, I don't know if you work in Labor and Delivery, but many times there are many, many people in the room w/the laboring mom. As you know, labor can often take a long time. It is made clear,at least in my practice, and anywhere I've worked, that there are a lot of "private", "sensitive" issues and "scenes", if you will going on and is the mom comfortable w/all these people in the room? Some say no, some say they don't care. Have you ever been at a delivery with oh say 10 friends and family milling around, baby crashes, we get baby out, Peds gets there, but clearly has to be updated as to status and situation? Quickly? Not, "oh, let me clear the room, then we can talk about specifics....?:uhoh21: Any time things start going bad, I immediately start trying to clear the room, but you know, sometimes, the mom doesn't want that or the people themselves won't move or move very quickly....we have a lot of "personal/private" interventions to do at times and again, it is made clear to the mom and she is asked......who do you want here, who are you comfortable w/hearing and seeing all this private "stuff"?

I'm not saying she is giving up rights to privacy and yes, inapproproate things are said at times, in every area......

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