CASE REVIEW: UTERINE ACTIVITY – ASSESSMENT, DOCUMENTATION, MANAGEMENT, AND IMPACT ON THE FETUS                                                         

In this blog, I’ll present a segment of an electronic fetal monitor (EFM) tracing.  Following review of the tracing, and a brief Q&A, I’ll be highlighting the case theme affiliated with the presented EFM tracing.  Additionally, I’ll provide plaintiff allegations, as well as defenses contended.  Review of the standard of care specific to uterine activity evaluation, and management will be provided. In closing, the impact excessive uterine activity has on fetal well-being will be discussed.   

Ob Provider Progress Note:

2/12/22 0340: vaginal exam 2-3/50/-1. artificial rupture of membranes, clear fluid. fetal heart rate reassuring. pitocin @ 7mU/min.

Nurses Note:

2/12/22 0345: Ob provider at bedside. vaginal exam performed. strip reviewed. baseline fetal heart rate 140, minimal variability, absent accelerations, intermittent late decelerations.  

Q: What assessment is missing from the above documentation?  

A: Assessment of uterine activity

Litigation Case Theme: Failure of the perinatal team to identify, and act on a category II FHR tracing in the presence of uterine tachysystole, and excessive uterine activity resulting in permanent neurological injuries in the infant. 

Plaintiff Allegations:

  • Failure of the perinatal team to assess and intervene
  • Failure of the perinatal team to recognize a non-reassuring FHR pattern, and excessive uterine activity
  • Inappropriate oxytocin management
  • Failure to initiate intrauterine resuscitation, and interventions in response to excessive uterine activity

Defenses:

  • The standard of care was adhered to
  • Documentation reflected prompt, and appropriate actions by the perinatal team
  • Electronic fetal monitoring cannot be used as a diagnostic tool; therefore, birth injury cannot be attributed solely to FHR interpretation
  • The fetal injury likely occurred during the antenatal period; therefore, actions during labor and delivery had no impact on the outcome

Standard of Care: the evaluation of uterine activity must occur, and is equally as relevant as the assessment of the fetal heart rate. 

Complete assessment of uterine activity: components of uterine activity assessment, and documentation include –  

  • uterine contraction frequency: ranges from 2 – 5 per 10 minutes.
  • duration of uterine contractions: ranges from 45 – 80 seconds.
  • strength or intensity of uterine contractions: 40 – 70 mm Hg (millimeters of mercury) in the first stage of labor.  May rise to >80 mm Hg in the second stage of labor.  Contractions palpated as “mild” would peak at <50 mm Hg if measured internally. Contractions palpated as “moderate” or greater would peak at 50 mm Hg or greater if measured internally. 
  • resting tone of uterus: the average resting tone during labor is 10 mm Hg.  If assessment is performed by palpation, assessment should palpate as “soft”.
  • relaxation time between uterine contractions: this is usually 60 seconds or more in the first stage of labor, and 45 seconds or more in the second stage.
  • Montevideo units (MVUs): assessed and documented if an intrauterine pressure catheter (IUPC) is in place.  MVUs range from 100 – 250 MVUs in the first stage of labor.  MVUs may rise to 300 – 400 MVUs in the second stage of labor.  

What is excessive uterine activity? uterine tachysystole is defined as greater than five uterine contractions in 10 minutes, averaged over 30 minutes. 

Tachysystole should be further qualified by the presence of absence of FHR decelerations, and applies to spontaneous and stimulated labors.

All other parameters, as identified above (duration, intensity, resting tone, and relaxation time), should be included in the evaluation.

Management of excessive uterine activity: management of excessive uterine activity should not be based on the presence or absence of FHR changes. 

The goal of management is to identify, and promote normal uterine activity, and correct the underlying cause of any type of excessive uterine activity.

  • maternal position change to side-lying
  • administration of an intravenous fluid bolus
  • removal of cervical ripening agents, or decrease or discontinuation of oxytocin
  • use of a tocolytic (e.g., terbutaline) if the above interventions were ineffective, or the excessive uterine activity occurs in the presence of FHR changes indicative of interrupted fetal oxygenation

Excessive uterine activity should trigger interventions, regardless of FHR status.

Fetal effects on FHR from excessive uterine activity: excessive uterine activity can have an adverse effect on fetal oxygenation, and the fetal acid-base status.  Excessive uterine activity can result in decreased fetal cerebral oxygen saturation, as well as fetal acidemia.  Excessive uterine activity can result in birth injuries, specifically, hypoxic ischemic encephalopathy, and subsequent cerebral palsy. 

Conclusion: The assessment of uterine activity during labor is crucial, and is considered a patient safety issue.  Applying known parameters to the assessment of uterine activity influences management decisions, forms the basis of safe use of labor stimulants, and provides a means of defining excessive uterine activity among the multidisciplinary perinatal team.

Resources:

AAP, ACOG (2017). Guidelines for Perinatal Care.

ACOG (2009). Induction of Labor. 

ACOG (2010). Intrapartum Fetal Heart Rate Tracings.

AWHONN (2021). Perinatal Nursing.

AWHONN (2022). Intermediate Fetal Monitoring Course.

Miller et al., (2022). Pocket Guide to Fetal Monitoring.

P.S. Comment and Share: What is your experience working with a case theme centered around excessive uterine activity? What were some strengths? What were some challenges?

INFORMED CONSENT

In this blog, I’ll be providing information on what informed consent is, the fundamentals of the informed consent process, data about consent related injuries and deaths, the legal and ethical obligation of providers, and risk mitigation strategies.

What is Informed Consent? The Joint Commission defines informed consent as agreement or permission accompanied by full notice about the care, treatment, or service that is the subject of the consent. A patient must be apprised of the nature, risks, and alternatives of a medical procedure or treatment before the physician or other health care professional begins any such course. After receiving this information, the patient then either consents to or refuses such a procedure or treatment (The Joint Commission, 2016).

Data About Consent Related Sentinel Events: A sentinel event is a patient safety event that results in death, permanent harm, or severe temporary harm.  The Joint Commission’s Sentinel Event database includes 44 reports since 2010 of informed consent related sentinel events. 

Informed consent is one of the top 10 most common reasons for medical malpractice lawsuits.

Legal and Ethical Obligation of Providers: Healthcare providers who treat a patient without documented informed consent may be subject to litigation for battery, defined as unauthorized touching and intentional contact with another person’s body, as well as exposure to medical malpractice claims alleging lack of informed consent, depending on the jurisdiction (CNA).

Informed consent statutes vary between states.  For example, some states require evidence of the informed consent process occurring by means of a written signed informed consent form.  There are states that do not require a written signed informed consent.  Another example of variation: during litigation, some states focus on what a typical provider would say to a patient receiving a similar treatment or procedure.  Other states focus on the perspective of a reasonable patient; what a patient would need to know to make an informed decision.   

State legislation establishes the framework to guide consent discussions between patients and their physicians or other healthcare providers. Despite laws and regulations varying, most states require that patients be given sufficient information on three major subjects:

  1. Foreseeable risks: potential complications of the proposed treatment and probable consequences of refusing it.
  2. Nature of the proposed care: the procedure and anticipated benefits
  3. Alternatives to the proposed treatment:  risks and benefits associated with the
    alternatives

What are the Fundamentals of Informed Consent?

  • Informed consent involves two-way education and communication intended to prevent patients from being treated without their understanding and permission (CNA).
  • The process of informed consent occurs when communication between a patient and provider results in the patient’s authorization or agreement to undergo a specific medical intervention (AMA).
  • Patients should be encouraged to ask questions and obtain information about proposed treatments or interventions as they become more aware of potential benefits, risks and alternatives prior to authorizing care (AMA).
  • All providers to be involved in the proposed surgery/procedure, as well as their roles, should be disclosed to the patient and documented in the medical record.  
  • The informed consent process must be documented. Many organizations require
    utilization of a standardized consent form, signed and dated by the patient, to memorialize the consent discussion. Some states accept written
  • While a signed informed consent form provides legal defensibility in the event of a claim, the consent process also may be conducted in spoken form. It is appropriate
    practice for the provider to write a progress note about major steps in the consent process (CNA).

Can a Provider Delegate Obtaining Informed Consent to a Registered Nurse? NO – The informed consent process is a non-delegable duty owed to the patient by
the healthcare provider who will perform the proposed treatment/procedure. Nurses can witness the consent process; however, they are not permitted to conduct the consent discussion.

Strategies to Mitigate Liability Risk:

  • Use a standardized consent form
  • Have translated consent forms for commonly spoke foreign languages
  • Individualize consent discussions and forms based on literacy level. 
  • Have a staff member present during the discussion who can serve as a witness
  • Utilize brochures, visual aids, online resources and other
    educational tools to enhance understanding of concepts and document use of these materials in a progress note
  • Use a qualified language interpreter as needed
  • Confirm the patients understanding by having them communicate the proposed plan in their own words.  Courts have held that providing information when a patient does not understand does not constitute informed consent (AHRQ).

P.S. Comment and share: What is your experience specific to lack of informed consent in a medical malpractice case?

References:

CNA (2021). A Risk Management Update, Issue 3

Informed Consent, from the American Medical Association: https://code-medical-ethics.ama-assn.org/ethics-opinions/informed-consent

Informed Consent, from the National Telehealth Policy Resource Center: https://www.cchpca.org/policy-101/?category=informed-consent

“Informed Consent: More Than Getting a Signature.”
Quick Safety, February 2016, Issue 21. Published by the

Joint Commission: https://www.jointcommission.org/-/media/tjc/documents/newsletters/quick_safety_issue_twenty-one_february_2016pdf.pdf

“Making Informed Consent an Informed Choice: Training for
Health Care Professionals,” from the Agency for Healthcare
Research and Quality: https://www.ahrq.gov/sites/default/files/wysiwyg/professionals/systems/hospital/training-for-healthcare-professionals.pdf