Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

One of the common accusations leveled at the tort system is that it causes doctors to practice so-called "defensive medicine," ordering numerous tests and procedures to protect themselves against medical malpractice lawsuits. Supposedly extra tests run by doctors cost us $124 billion a year, and they run these tests only to protect themselves from accusations of medical malpractice. Perhaps this is the case in New York City, where medical malpractice insurers are asking a premium of $50,000 per medical malpractice insurance policy for obstetricians, forcing many obstetricians out of practice. One central Bronx hospital has even stopped delivering babies.

Perhaps defensive medicine is the reason why cesarean-section rates are skyrocketing all around the country. From 2000 to 2006, c-section rates rose 41 % to 31 % of all births. This must be because doctors are afraid of medical malpractice lawsuits and are taking extra precautions to avoid causing birth injuries like cerebral palsy or fetal death, right?

Wrong. Actually cesarean births are significantly more dangerous than natural vaginal births. The definitive study of complications related to different birth methods, known as the Towner study, based on the records of 583,340 live born singleton infants born to first-time mothers, found that the rates for almost every form of birth complication were increased following c-section birth as compared to vaginal birth. In fact, the rate of neonatal death, death of the infant between delivery and discharge, was four times higher for c-section births than for vaginal births. If this is true, it seems that the rise in medical malpractice insurance rates may be due to the increase in c-section births rather than the other way around.

So why are c-section rates rising so dramatically? There are a number of reasons. Doctors might think they are practicing defensive medicine. This seems increasingly unlikely, unless doctors are obstinately ignorant of recent studies.

Doctors may also be performing more c-sections for their own convenience. Instead of having to get out of bed at night to deliver babies, the babies can be delivered during normal business hours.

Another possibility is that doctors and hospitals love c-section deliveries because they are profitable. Studies have shown that c-section deliveries cost 76 - 100 % more than vaginal births, and that is just in immediate costs. Women who had c-section deliveries were twice as likely to be rehospitalized in the first month after delivery than mothers who delivered their babies vaginally.

Is it cynical to suggest that doctors and hospitals see increased c-section rates as a way to increase revenues? Perhaps. But since they're obviously not being done to protect women and children, it remains a possibility. And the case of c-sections casts doubt on the entire "defensive medicine" hypothesis.

Whatever the reason, the increase in c-section rates is most likely hurting women and babies. If either you or your infant were injured by an over-intervention during the birthing process, contact the experienced medical malpractice attorneys at Pomerantz, Perlberger, and Lewis, LLP today for a free initial consultation.