Re: [ozmidwifery] admission ctg and the furphy of litigation(LONG) (even longer reply)

2004-09-21 Thread Denise Hynd
Dear Monica
You have not told us much of your story and I do not doubt you.
However having worked in both systems

 I can not but feel that fragmentation of care is part of the cuase and the
solution!

I do not suggest either is Perfect but presently we not only have a system
of chineses whispers but one where many voices are impacting on both the
woman and her care givers with out any chance for things to be resolved or
clarified between each woman and the multitude of people who give her
care..

I give you 2 quotes from Implementing NMAP in WA

State wide caseload midwifery options would address objectives of the DoH WA
Office of Safety and Quality in Health (OSQH) such as 'to promote consumer
focused, safe, quality health care across the WA health system'. The
Clinical Governance Unit of this DoH division acknowledges that as more
individuals from more groups look after a patient within a tighter time
frame, maintaining a consistently high standard of care - even across a
single health care episode becomes more challenging. The potential for error
increases particularly whenever responsibility is handed from one agency to
the next. This document refers to the Douglas Inquiry's findings of poor
policies and practices and inadequate systems that resulted in poor outcomes
for patients and their families. as emblematic of system wide concerns .
The OSQH unit's review of legal precedents and system responses supports the
British concept of Clinical Governance, which has resulted in resource
savings, including reductions in clinical negligence premiums in the UK. As
above, continuity of midwifery care for women can address concerns in WA
about litigation risks and the price of PI insurance premiums. Both are
cited as a factors contributing to Australia-wide reported withdrawal from
practice of GP obstetricians and specialist obstetricians.

Caseload options offer midwives development opportunities for all
competencies and clinical applications as per the NHMRC, Australian
Maternity Action Plan (AMAP) and WA Enhanced Role of the Midwife Project, as
well as more efficient utilisation of midwifery workforces by employers or
contractors of midwives. For example a South Australian audit showed that in
the current fragmented system each midwife working shifts provides care for
the equivalent of 25 women, with each woman seeing between 15 - 25 midwives
depending on risk factors in the pregnancy, type of labour and length of
post-natal stay. However each full-time caseload midwife working in a
sub-group of 3 (Adelaide's Midwifery Group Practice) will provide care for
40 women per year throughout each pregnancy episode.


The CMP is a proven example of a community based solution which supports
individuals and families taking personal responsibility for health and
effective parenting, as outlined in NMAP. Politicians, media and many other
authoritative figures are currently offering these concepts as a means of
addressing many social problems.

Continuity of care by a known midwife supports and strengthens each women's
networks and development of problem solving skills and resources.
Denise Hynd

Never believe that a few caring people can't change the world.  For,
indeed, they are the only ones who ever have.
Margaret Mead
- Original Message - 
From: mh [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Saturday, September 18, 2004 9:30 PM
Subject: Re: [ozmidwifery] admission ctg and the furphy of litigation(LONG)
(even longer reply)


Justine,
For the past two and a half years I have been pursued by a woman who
sincerely believes she has grounds for complaint. I can't go into the
details of the case because of patient confidentiality (not that it has
stopped this woman slandering me in national papers, on network radio, etc)
but it has been investigated four times now, three times coming to the
conclusion that there is no case to answer and the last (HCCC) not yet
completed. It has been dismissed as vexatious by the coroner. This case has
caused me the most profound distress. It has destroyed my peace of mind,
damaged my relationship with my partner and children because I can't think
of anything else and is losing me my career because I cannot continue to put
myself in the path of this kind of event in the future. There is virtually
no protection for health professionals against allegations from unhappy
consumers. I am sorry if that sounds harsh but it is true. In any other
court, one is considered innocent until proven guilty; in these cases, an
unhappy health consumer can make any kind of allegation, it need not be
backed up by any kind of evidence, and the health professional has to prove
that it did not happen. It makes no difference if one has  followed hospital
procedure or protocol. It makes no difference that (in my case) the woman
was fully advised and consulted at the time and agreed with the course of
action taken- she now says she was not consulted and it comes to my word
against hers. It makes

Re: [ozmidwifery] admission ctg and the furphy of litigation(LONG) (even longer reply)

2004-09-20 Thread mh
Justine,
For the past two and a half years I have been pursued by a woman who 
sincerely believes she has grounds for complaint. I can't go into the 
details of the case because of patient confidentiality (not that it has 
stopped this woman slandering me in national papers, on network radio, etc) 
but it has been investigated four times now, three times coming to the 
conclusion that there is no case to answer and the last (HCCC) not yet 
completed. It has been dismissed as vexatious by the coroner. This case has 
caused me the most profound distress. It has destroyed my peace of mind, 
damaged my relationship with my partner and children because I can't think 
of anything else and is losing me my career because I cannot continue to put 
myself in the path of this kind of event in the future. There is virtually 
no protection for health professionals against allegations from unhappy 
consumers. I am sorry if that sounds harsh but it is true. In any other 
court, one is considered innocent until proven guilty; in these cases, an 
unhappy health consumer can make any kind of allegation, it need not be 
backed up by any kind of evidence, and the health professional has to prove 
that it did not happen. It makes no difference if one has  followed hospital 
procedure or protocol. It makes no difference that (in my case) the woman 
was fully advised and consulted at the time and agreed with the course of 
action taken- she now says she was not consulted and it comes to my word 
against hers. It makes no difference to have the most complete documentation 
(I was lucky, I had only the one lady to look after and wrote 
contemporaneous notes every ten minutes). Basically, as the Investigator 
from the HCCC told me engagingly, as long as this woman wants to bring 
complaints and allegations against me, the HCCC can pursue me 'to the 
grave.'
This may seem off topic but it may give some insight into why some midwives 
and Obstetricians act in other than evidence based ways. I cannot describe 
what this case has done to me. I've been a midwife for 22 years and 
confidently expected to remain one until I retire. Not now. And though I 
can't leave the profession I love until this case is at least through the 
present investigation, I make sure that I practice defensively and will 
continue to do so. This means not always doing what 'best practice' 
suggests, rather it is doing what is not going to have me on the receiving 
end of another complaint.
Unfortunately, as soon as this case is resolved, I am leaving midwifery. I 
believe I am a good midwife. I have the unfailing support of my peers at 
work, of my manager, the OBs, the Stream director and the director of 
clinical management; everyone who could give me support, has done so. It 
isn't enough to keep me here because they have all admitted that anyone can 
bring a case for any reason, justified or not. It isn't being in the wrong 
that is so devastating in these events. You might not realise the time and 
effort that goes into answering these complaints. I am fortunate in that I 
am covered by the hospital's guidelines, policies and protocols and my own 
comprehensive notes but even so, I am a mess after spending three weeks 
solid answering the most detailed and in some cases, insulting questions. 
(eg, Ms X stated you told her to sit and watch her baby die. Please 
respond.)  This is because of beaurocracy gone mad, political correctness 
and the rights of the consumer completely over-riding the rights of the care 
provider, even when no one has done anything wrong or other than best 
Practice according to Australian and international standards. So pity help 
anyone who practices according to evidence if it is not supported by the 
lawyers who proscecute these cases, and you won't find many people being 
sued or complained against for recording a CTG whereas there are all too 
many precedents for being sued for failing to record one.

Monica
(who is in a fragile state and apologises if this post was incoherent.)
- Original Message - 
From: Justine Caines [EMAIL PROTECTED]
To: OzMid List [EMAIL PROTECTED]
Sent: Saturday, September 18, 2004 10:40 PM
Subject: Re: [ozmidwifery] admission ctg and the furphy of litigation(LONG)


Hi All
Is there something I am missing re admission CTG's and CTG's in general?
I see the whole issue of their use in reducing litigation as spurious.
Is it true that only around 10% of hypoxic events can be attributed to
labour and that the vast majority of damage cannot be linked to a certain
time (ie the event could of taken place at 31 wks while Mum was washing up
at home)
Although my hat goes off to each and every one of you that work in these
sick systems with a profession (Obstetrics) that epitomises misogyny
midwives still have a responsibility to try and claw back normal birth and 
I
would think challenging these ridiculous protocols as an important part.

I agree working with women is very important

Re: [ozmidwifery] admission ctg

2004-09-20 Thread Debbie Slater
The National Institute of Clinical Excellence (NICE) in the UK, and which is 
the statutory body the provides recommendations to the National Health 
Service.  Clinicians are supposed to follow these guidelines.

It has issued guidelines on fetal monitoring.
It recommends intermittent auscultation for women who are 'healthy and have 
a trouble-free pregnancy', and says that the evidence does not support the 
use of EFM (i.e. a ctg) on admission.

There are full guidelines, and summaries available - see
http://www.nice.org.uk/page.aspx?o=20051
Debbie Slater
Perth 

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Re: [ozmidwifery] admission ctg and the furphy of litigation (LONG)

2004-09-19 Thread Jen Semple
Justine,

As the President of Maternity Coalition, I KNOW that
you are taking these facts to the pollies  assisting
us MC members to do the same.

You do a wonderful job  I'm so thankful to have you
on our side.

Jen

Find local movie times and trailers on Yahoo! Movies.
http://au.movies.yahoo.com
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Re: [ozmidwifery] admission ctg

2004-09-18 Thread mh
Marilyn-
Unfortunately, being enlightened in one area of practice doesn't guarantee 
enlightenment in others. This was his (very commendable) idiosyncracy; in 
other ways he was dismissive of others' points of view, paternalistic, 
inclined to do the opposite of whatever was suggested... it was a happy day 
for us to see a change of directors. I guess no one is all bad... or all 
good. We thought no one could be worse, to work with, I mean, but his 
successor, while easier to get along with, doesn't seem to have the same 
fire for reducing intervention. Oh well. The grass is always greener-
Monica
- Original Message - 
From: Marilyn Kleidon [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Saturday, September 18, 2004 11:23 PM
Subject: Re: [ozmidwifery] admission ctg


Monica: I think your Director needs to do a nationwide lecture tour on 
both
admission ctg's and vbac.

marilyn
- Original Message - 
From: mh [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Friday, September 17, 2004 4:22 AM
Subject: [ozmidwifery] admission ctg


I work in a high risk 'Delivery Suite' in a tertiary hospital where we
have
frequent antenatal transfers for reasons of our own level 3 nursery. 
Also,
because of our proximity to the state's primary Children's hospital we
have
antenatal transfers of care so women whose babies have particularly bad
abnormalities which can be treated surgically can have their babies as
close
to this facility as possible. So our clientele is heavily skewed towards
high risk pregnancies and extremely anxious mothers and partners. The
decision was made, however, many years ago, to forgo routine admission
traces in the Delivery Suite. There has to be a particular reason for
doing
a ctg trace on admission and they are audited frequently. I hold no brief
for our long time director of Delivery Suite (now replaced) but one thing
he
consistently did was to try to limit the use of *routine* ctgs and also 
to
push (very aggressively) VBAC in our hospital, so that we have a 70%
success
rate. It was sold to the other OG's that admission traces, per se,
increased the likelihood of a C/S by I forget the rate, ?40%. We are so
conservative in other areas of practice I had thought this must be the
norm
everywhere- is it not? How many places do routine admission traces? I
would
be very interested to see a cross section
Monica
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RE: [ozmidwifery] admission ctg

2004-09-18 Thread B G
Our director has made his decision on a risk assessment model of care.
Litigation being the prime reason. Hence nothing to do with evidence
based practice or clinical need. G... Don't you hate because if you
go against the establishment policy/protocol and something happened you
wont be supported by the hospital lawyers.
Let there be a national insurance scheme like NZ ACC. Then we can all
practise evidenced based care.
Cheers Barb


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of mh
Sent: Saturday, 18 September 2004 5:18 PM
To: [EMAIL PROTECTED]
Subject: Re: [ozmidwifery] admission ctg


Marilyn-
Unfortunately, being enlightened in one area of practice doesn't
guarantee 
enlightenment in others. This was his (very commendable) idiosyncracy;
in 
other ways he was dismissive of others' points of view, paternalistic, 
inclined to do the opposite of whatever was suggested... it was a happy
day 
for us to see a change of directors. I guess no one is all bad... or all

good. We thought no one could be worse, to work with, I mean, but his 
successor, while easier to get along with, doesn't seem to have the same

fire for reducing intervention. Oh well. The grass is always greener-
Monica
- Original Message - 
From: Marilyn Kleidon [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Saturday, September 18, 2004 11:23 PM
Subject: Re: [ozmidwifery] admission ctg


 Monica: I think your Director needs to do a nationwide lecture tour on
 both
 admission ctg's and vbac.

 marilyn
 - Original Message -
 From: mh [EMAIL PROTECTED]
 To: [EMAIL PROTECTED]
 Sent: Friday, September 17, 2004 4:22 AM
 Subject: [ozmidwifery] admission ctg


 I work in a high risk 'Delivery Suite' in a tertiary hospital where 
 we
 have
 frequent antenatal transfers for reasons of our own level 3 nursery.
 Also,
 because of our proximity to the state's primary Children's hospital
we
 have
 antenatal transfers of care so women whose babies have particularly 
 bad abnormalities which can be treated surgically can have their 
 babies as
 close
 to this facility as possible. So our clientele is heavily skewed 
 towards high risk pregnancies and extremely anxious mothers and 
 partners. The decision was made, however, many years ago, to forgo 
 routine admission traces in the Delivery Suite. There has to be a 
 particular reason for
 doing
 a ctg trace on admission and they are audited frequently. I hold no 
 brief for our long time director of Delivery Suite (now replaced) but

 one thing
 he
 consistently did was to try to limit the use of *routine* ctgs and 
 also
 to
 push (very aggressively) VBAC in our hospital, so that we have a 70%
 success
 rate. It was sold to the other OG's that admission traces, per se, 
 increased the likelihood of a C/S by I forget the rate, ?40%. We are 
 so conservative in other areas of practice I had thought this must be

 the
 norm
 everywhere- is it not? How many places do routine admission traces? I
 would
 be very interested to see a cross section
 Monica


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 Visit http://www.acegraphics.com.au to subscribe or unsubscribe.



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 Visit http://www.acegraphics.com.au to subscribe or unsubscribe.
 


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Re: [ozmidwifery] admission ctg and the furphy of litigation (LONG)

2004-09-18 Thread Justine Caines
Hi All

Is there something I am missing re admission CTG's and CTG's in general?

I see the whole issue of their use in reducing litigation as spurious.

Is it true that only around 10% of hypoxic events can be attributed to
labour and that the vast majority of damage cannot be linked to a certain
time (ie the event could of taken place at 31 wks while Mum was washing up
at home)

Although my hat goes off to each and every one of you that work in these
sick systems with a profession (Obstetrics) that epitomises misogyny
midwives still have a responsibility to try and claw back normal birth and I
would think challenging these ridiculous protocols as an important part.

I agree working with women is very important and there is an element of
letting women refuse etc, but as we all know many women place trust in
health professionals (and are so fearful and have little relationship with
carers in a highly fragmented system), so in the end will pretty much go
with whatever!

So many insidious practices can hide behind the shield of 'defensive
medicine' and 'fear of litigation'.

We need to help empower women and what we know about litigation is
whenever a doctor is successfully sued, individual doctors, the AMA, and
indemnity organisations start trotting out the old story of the Œmedical
negligence crisis¹ and its link to Œrising insurance premiums¹ (Banham 
Dasey, 2003). However, contrary to popular opinion, the evidence does not
support claims of a medical negligence crisis. The Health Care Complaints
Commission (HCCC), set up to provide an accessible process for complaints
about all facets of health care (not just medical practitioners), received a
total of 2673 complaints for the year 2001-2002, 215 fewer than the year
before. Of these complaints, 212 were assessed as suitable for investigation
by the commission  (Annual Report 2001-2002). While there is no central
database containing information on the number of common law negligence
cases, it can be extrapolated from the HCCC¹s annual reports that the amount
of cases that eventually come before a court would be low indeed (Review of
Professional Indemnity Arrangements for Health Care Professionals, 1995). It
can be assumed that a potential litigant would at first establish their case
with the HCCC, and consequently these complaints are likely to be included
in the HCCC¹s statistics.

In the Commonwealth Government¹s Review of Professional Indemnity
Arrangements for Health Care Professionals (1995) the issues of professional
indemnity, negligence actions and adverse outcomes were described as
surrounded by myths and assertions supported by little hard data. Much of
the information relating to the Œlitigation crisis¹ was anecdotal: ³evidence
for a so-called claims crisis is scant², said the Report, concluding that a
crisis mentality has been fostered by some medical defence organisations to
deflect attention from their own ³irresponsible financial management².
Although an increase in the rate of incident reporting was noted, the Final
Report held that this did not appear to be reflected in an increase in
claims filed in courts. Hirsch (2003) also explains that the rise in medical
insurance has more to do with the chronic mismanagement of the medical
indemnity industry, and the global decline in investment markets, than to
the handful of people who sue doctors and the even smaller proportion of
those who do so successfully. The current Œclimate of litigation¹ and the
link between this and rising insurance premiums is yet to be borne out by
evidence.


However, despite the evidence, when a medical negligence case is successful
judgements are met with hysteria, scare mongering, and threats.  In relation
to the Melchoir judgment, the Queensland Court of Appeal agreed, as did the
Supreme Court, and finally the High Court, that the doctor was negligent and
yet doctors were still ³stunned² by the decision (Graycar, 2003). One doctor
wrote a letter stating, ³The constant threat of litigation makes the
provision of medicine a living hell² and questioned, ³what sort society
rewards such behaviour [of the person suing] while punishing those who
devote their lives to helping the sick?²(Owen, 2003).  Another doctor wrote
in and stated, ³as of today, I shall not perform tubal ligation
(sterilisation)² (Symington, 2003). The AMA and indemnity insurance
organisations also threatened that this case will further increase insurance
premiums and cause doctor shortages (Banham  Dasey, 2003). How? I can¹t
help but wonder isn¹t this the purpose of medical indemnity - to pay for
medical negligence claims? It is hard to believe that the extremely small
amount of successful plaintiffs that are compensated can cause the collapse
of an entire industry.  If this is the case, then it is obvious that the
industry is not managed correctly, as the collapse of United Medical
Protection organisation so painfully revealed. It is misleading to blame the
rise in indemnity premiums, and 

Re: [ozmidwifery] admission ctg and the furphy of litigation (LONG)

2004-09-18 Thread Graham and Helen
Justine
I found your email very informative and learnt much about the smoke screen 
that is the medical indemnity/litigation crisis currently being touted.
You really have done your homework and I hope you are taking these facts to 
the pollies and that they are listening!  It is really hard to argue with 
the doctors when they sprout off about doing Caesarians/inducing labour 
because of  litigation risks  (They also like to say because the woman 
asks for it)  Your email spells out that this is a convenient but not 
substantiated claim.

I would however, like to acknowledge that it is difficult to argue with a 
doctor in a hospital situation whether they are wanting to do a routine CTG 
/ a caesarian/ an induction for whatever reason they think it is necessary. 
In the hospital system, the buck stops with them whether we like it or not 
and management usually side with the doctors as they are considered a more 
precious commodity than midwives (rightly or wrongly so).  It doesn't mean 
that midwives shouldn't present doctors with research based evidence on the 
latest clinical issues, in an effort to change their practices, but it is a 
long slow process and I think the easiest way to go about it is to just keep 
them out of the picture i.e. as in the midwifery led care.

I felt that it was a bit cruel/patronizing for you to generalize all 
hospital based maternity care by labelling them as sick and empitomizing 
misogny without acknowledging the efforts of the many midwives who bust a 
gut to try and improve the system on a daily basis.  Everyone wants to be 
proud of their workplace/profession and these midwives have a lot to be 
proud of too.

Anyway, on a lighter note, thanks again for the time and effort you have 
obviously spent in enlightening us to the other side of the medical 
indemnity crisis and for being so passionate in working towards improving 
maternity services for all Australian women.

Cheers
Helen Cahill
- Original Message - 
From: Justine Caines [EMAIL PROTECTED]
To: OzMid List [EMAIL PROTECTED]
Sent: Saturday, September 18, 2004 10:40 PM
Subject: Re: [ozmidwifery] admission ctg and the furphy of litigation (LONG)

Hi All
Is there something I am missing re admission CTG's and CTG's in general?
I see the whole issue of their use in reducing litigation as spurious.
Is it true that only around 10% of hypoxic events can be attributed to
labour and that the vast majority of damage cannot be linked to a certain
time (ie the event could of taken place at 31 wks while Mum was washing up
at home)
Although my hat goes off to each and every one of you that work in these
sick systems with a profession (Obstetrics) that epitomises misogyny
midwives still have a responsibility to try and claw back normal birth and I
would think challenging these ridiculous protocols as an important part.
I agree working with women is very important and there is an element of
letting women refuse etc, but as we all know many women place trust in
health professionals (and are so fearful and have little relationship with
carers in a highly fragmented system), so in the end will pretty much go
with whatever!
So many insidious practices can hide behind the shield of 'defensive
medicine' and 'fear of litigation'.
We need to help empower women and what we know about litigation is
whenever a doctor is successfully sued, individual doctors, the AMA, and
indemnity organisations start trotting out the old story of the Omedical
negligence crisis¹ and its link to Orising insurance premiums¹ (Banham 
Dasey, 2003). However, contrary to popular opinion, the evidence does not
support claims of a medical negligence crisis. The Health Care Complaints
Commission (HCCC), set up to provide an accessible process for complaints
about all facets of health care (not just medical practitioners), received a
total of 2673 complaints for the year 2001-2002, 215 fewer than the year
before. Of these complaints, 212 were assessed as suitable for investigation
by the commission  (Annual Report 2001-2002). While there is no central
database containing information on the number of common law negligence
cases, it can be extrapolated from the HCCC¹s annual reports that the amount
of cases that eventually come before a court would be low indeed (Review of
Professional Indemnity Arrangements for Health Care Professionals, 1995). It
can be assumed that a potential litigant would at first establish their case
with the HCCC, and consequently these complaints are likely to be included
in the HCCC¹s statistics.
In the Commonwealth Government¹s Review of Professional Indemnity
Arrangements for Health Care Professionals (1995) the issues of professional
indemnity, negligence actions and adverse outcomes were described as
surrounded by myths and assertions supported by little hard data. Much of
the information relating to the Olitigation crisis¹ was anecdotal: ³evidence
for a so-called claims crisis is scant², said the Report, concluding

Re: [ozmidwifery] admission ctg and the furphy of litigation (LONG)

2004-09-18 Thread Sue Cookson
Hi,

I can only hope that every midwife and consumer on this list gives copies of
your fantastically clear and well referenced article on the myths of
litigation to every birthing family they come across and also learn the
jargon to defend women against the obvious misled and unsupported claims
around litigation in the birthing world.

Well done Justine, I'm voting for you in these coming elections!!

Sue Cookson






 Hi All
 
 Is there something I am missing re admission CTG's and CTG's in general?
 
 I see the whole issue of their use in reducing litigation as spurious.
 
 Is it true that only around 10% of hypoxic events can be attributed to
 labour and that the vast majority of damage cannot be linked to a certain
 time (ie the event could of taken place at 31 wks while Mum was washing up
 at home)
 
 Although my hat goes off to each and every one of you that work in these
 sick systems with a profession (Obstetrics) that epitomises misogyny
 midwives still have a responsibility to try and claw back normal birth and I
 would think challenging these ridiculous protocols as an important part.
 
 I agree working with women is very important and there is an element of
 letting women refuse etc, but as we all know many women place trust in
 health professionals (and are so fearful and have little relationship with
 carers in a highly fragmented system), so in the end will pretty much go
 with whatever!
 
 So many insidious practices can hide behind the shield of 'defensive
 medicine' and 'fear of litigation'.
 
 We need to help empower women and what we know about litigation is
 whenever a doctor is successfully sued, individual doctors, the AMA, and
 indemnity organisations start trotting out the old story of the Œmedical
 negligence crisis¹ and its link to Œrising insurance premiums¹ (Banham 
 Dasey, 2003). However, contrary to popular opinion, the evidence does not
 support claims of a medical negligence crisis. The Health Care Complaints
 Commission (HCCC), set up to provide an accessible process for complaints
 about all facets of health care (not just medical practitioners), received a
 total of 2673 complaints for the year 2001-2002, 215 fewer than the year
 before. Of these complaints, 212 were assessed as suitable for investigation
 by the commission  (Annual Report 2001-2002). While there is no central
 database containing information on the number of common law negligence
 cases, it can be extrapolated from the HCCC¹s annual reports that the amount
 of cases that eventually come before a court would be low indeed (Review of
 Professional Indemnity Arrangements for Health Care Professionals, 1995). It
 can be assumed that a potential litigant would at first establish their case
 with the HCCC, and consequently these complaints are likely to be included
 in the HCCC¹s statistics.
 
 In the Commonwealth Government¹s Review of Professional Indemnity
 Arrangements for Health Care Professionals (1995) the issues of professional
 indemnity, negligence actions and adverse outcomes were described as
 surrounded by myths and assertions supported by little hard data. Much of
 the information relating to the Œlitigation crisis¹ was anecdotal: ³evidence
 for a so-called claims crisis is scant², said the Report, concluding that a
 crisis mentality has been fostered by some medical defence organisations to
 deflect attention from their own ³irresponsible financial management².
 Although an increase in the rate of incident reporting was noted, the Final
 Report held that this did not appear to be reflected in an increase in
 claims filed in courts. Hirsch (2003) also explains that the rise in medical
 insurance has more to do with the chronic mismanagement of the medical
 indemnity industry, and the global decline in investment markets, than to
 the handful of people who sue doctors and the even smaller proportion of
 those who do so successfully. The current Œclimate of litigation¹ and the
 link between this and rising insurance premiums is yet to be borne out by
 evidence.
 
 
 However, despite the evidence, when a medical negligence case is successful
 judgements are met with hysteria, scare mongering, and threats.  In relation
 to the Melchoir judgment, the Queensland Court of Appeal agreed, as did the
 Supreme Court, and finally the High Court, that the doctor was negligent and
 yet doctors were still ³stunned² by the decision (Graycar, 2003). One doctor
 wrote a letter stating, ³The constant threat of litigation makes the
 provision of medicine a living hell² and questioned, ³what sort society
 rewards such behaviour [of the person suing] while punishing those who
 devote their lives to helping the sick?²(Owen, 2003).  Another doctor wrote
 in and stated, ³as of today, I shall not perform tubal ligation
 (sterilisation)² (Symington, 2003). The AMA and indemnity insurance
 organisations also threatened that this case will further increase insurance
 premiums and cause doctor shortages (Banham  

Re: [ozmidwifery] admission ctg and the furphy of litigation(LONG)

2004-09-18 Thread Justine Caines
Dear Barb

Health administrators are scared and they have only a very scant
understanding of law.

Oh Barb, this is very sad.  I understand the law (I read the act) and I am a
Mum at home in her PJ's most of the time!  NO EXCUSE, if they are making
decisions about practice and citing litigation they don't understand as a
reason then that is even more dangerous! The fact is outside of catastrophic
injury their is little any one can claim any more (In NSW and the ACT
especially).  To get anything you need to claim at least 10% permanent
injury (and that's considerable)
 
 
How does one respond to that mothers loss? How can one say evidence
shows ' to a woman dealing with a loss. Part of the problem is we
have a generation of consumers who do not understand adverse outcomes
can occur no matter how diligent one is. They look for blame and
financial gain. Another we have non-clinicians and I include some
consumer groups here, making rules and decisions without understanding
how the system works nor how toxic the working environment is for
midwives. 

Naturally it is very difficult, when dealing with such loss to imply well
hey it sometimes happen, but again it is the truth.  Loss like this will
always be devastating but when a woman has a trusting relationship with a
midwife she knows then it has to help.

As for consumers making rules.  Consumers are advocating for choice and from
your e-mail it and the many thousands of other anecdotes we hear it is
ABSOLUTELY NECESSARY.  Barb you are doing your best (like so many more).
Please don't fall into the trap of thinking that when we criticise the
'system' we are criticising you as an individual.  We will continue to fail
if midwives respond 'personally' to our criticisms of the system.

 Unfortunately 95% of midwifery staff are part-time that come to WORK for 8
hours will not challenge this directive, they are not interested. A general
comment and I apologise in advance to those who are not like this they have
a good balance in their life/work arrangement.

Yet another reason for major change, that acknowledges what midwifery is and
enables a scope of midwifery practice.  Then you wouldn't have to fight
continuously! Also why can't midwives work caseload practice part-time? In a
group practice of 3 (with back-up for on-call etc) but with a designated
caseload women would have much better care and midwives would work as they
were trained through the continuum.  With this model it would also be
necessary to assert the scope of practice so you would not need to tango
with the CTG etc etc.

I remember what struck me most about labour for the first time it is from
Janet Balaskas.  She says birth is like the ocean, if you fight the current
(rip) you may be pulled under and drown.  If you go with it, you will go
further than you have ever before, but later you will be able to swim back
to the safety of the shore!

Perhaps we all need to apply this to the urgent need for maternity services
reform.  Change can be scary but when we look at what we have, it can't be
much worse!

In solidarity

JC
xx

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Re: [ozmidwifery] admission ctg and the furphy of litigation (LONG)

2004-09-18 Thread Justine Caines
Ah Sue

Political life and 4 under 5??  Give me a few years!!

JC
xx

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[ozmidwifery] admission ctg

2004-09-17 Thread mh
I work in a high risk 'Delivery Suite' in a tertiary hospital where we have 
frequent antenatal transfers for reasons of our own level 3 nursery. Also, 
because of our proximity to the state's primary Children's hospital we have 
antenatal transfers of care so women whose babies have particularly bad 
abnormalities which can be treated surgically can have their babies as close 
to this facility as possible. So our clientele is heavily skewed towards 
high risk pregnancies and extremely anxious mothers and partners. The 
decision was made, however, many years ago, to forgo routine admission 
traces in the Delivery Suite. There has to be a particular reason for doing 
a ctg trace on admission and they are audited frequently. I hold no brief 
for our long time director of Delivery Suite (now replaced) but one thing he 
consistently did was to try to limit the use of *routine* ctgs and also to 
push (very aggressively) VBAC in our hospital, so that we have a 70% success 
rate. It was sold to the other OG's that admission traces, per se, 
increased the likelihood of a C/S by I forget the rate, ?40%. We are so 
conservative in other areas of practice I had thought this must be the norm 
everywhere- is it not? How many places do routine admission traces? I would 
be very interested to see a cross section
Monica 

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Re: [ozmidwifery] admission ctg

2004-09-17 Thread Marilyn Kleidon
Monica: I think your Director needs to do a nationwide lecture tour on both
admission ctg's and vbac.

marilyn
- Original Message - 
From: mh [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Friday, September 17, 2004 4:22 AM
Subject: [ozmidwifery] admission ctg


 I work in a high risk 'Delivery Suite' in a tertiary hospital where we
have
 frequent antenatal transfers for reasons of our own level 3 nursery. Also,
 because of our proximity to the state's primary Children's hospital we
have
 antenatal transfers of care so women whose babies have particularly bad
 abnormalities which can be treated surgically can have their babies as
close
 to this facility as possible. So our clientele is heavily skewed towards
 high risk pregnancies and extremely anxious mothers and partners. The
 decision was made, however, many years ago, to forgo routine admission
 traces in the Delivery Suite. There has to be a particular reason for
doing
 a ctg trace on admission and they are audited frequently. I hold no brief
 for our long time director of Delivery Suite (now replaced) but one thing
he
 consistently did was to try to limit the use of *routine* ctgs and also to
 push (very aggressively) VBAC in our hospital, so that we have a 70%
success
 rate. It was sold to the other OG's that admission traces, per se,
 increased the likelihood of a C/S by I forget the rate, ?40%. We are so
 conservative in other areas of practice I had thought this must be the
norm
 everywhere- is it not? How many places do routine admission traces? I
would
 be very interested to see a cross section
 Monica


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 Visit http://www.acegraphics.com.au to subscribe or unsubscribe.



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RE: [ozmidwifery] admission ctg

2004-09-17 Thread Ken WArd
I know of two places that do routine admission CTG's.  It's generally
accepted as a waste of time, but the MO's demand. Also CTG's for inductions
and augmentations.

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of mh
Sent: Friday, 17 September 2004 9:22 PM
To: [EMAIL PROTECTED]
Subject: [ozmidwifery] admission ctg


I work in a high risk 'Delivery Suite' in a tertiary hospital where we have
frequent antenatal transfers for reasons of our own level 3 nursery. Also,
because of our proximity to the state's primary Children's hospital we have
antenatal transfers of care so women whose babies have particularly bad
abnormalities which can be treated surgically can have their babies as close
to this facility as possible. So our clientele is heavily skewed towards
high risk pregnancies and extremely anxious mothers and partners. The
decision was made, however, many years ago, to forgo routine admission
traces in the Delivery Suite. There has to be a particular reason for doing
a ctg trace on admission and they are audited frequently. I hold no brief
for our long time director of Delivery Suite (now replaced) but one thing he
consistently did was to try to limit the use of *routine* ctgs and also to
push (very aggressively) VBAC in our hospital, so that we have a 70% success
rate. It was sold to the other OG's that admission traces, per se,
increased the likelihood of a C/S by I forget the rate, ?40%. We are so
conservative in other areas of practice I had thought this must be the norm
everywhere- is it not? How many places do routine admission traces? I would
be very interested to see a cross section
Monica


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Visit http://www.acegraphics.com.au to subscribe or unsubscribe.