Beyond Individual Fault: A Context-Sensitive Framework for Assessing Medical Liability in Obstetrics and Gynaecology
7 affiliations
- 1Department 9, Faculty of Medicine, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
- 2Department of Anatomy, Faculty of Medicine, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
- 3Department of Histology, Faculty of Dentistry, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
- 4Research Centre for Microscopic Morphology and Immunology, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
- 5Dental Medicine Research Center, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
- 6Department of Foreign Languages, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
- 7Department 8 Mother and Child, University of Medicine and Pharmacy of Craiova, 200349 Craiova, Romania.
Abstract
Background/objectives
Previous obstetric and gynaecological malpractice reviews identify recurring concerns but do not specify a sequence for examining conduct before deviation, causation and attribution. We developed a context-sensitive conceptual framework.Methods
A structured critical narrative review of PubMed/MEDLINE, Scopus and Web of Science Core Collection was combined with analysis of Romanian legal and professional sources. The broad searches yielded 1785 database records before deduplication. The team's legal specialist manually screened the overlapping thematic searches 2A-2D using her subject expertise; duplicates were removed and 223 unique publications were retained. The 347 records reported for thematic search 2A alone are not the input denominator for that corpus. She extracted the information for 40 selected anchor publications, mapping them to eight broad themes. The thirteen-domain Context-Sensitive Liability Assessment Framework for Obstetrics and Gynaecology (CSLAF-OG) was illustrated using three principal Romanian judicial cases and one additional case.Results
The framework orders context, professional standards, autonomy, communication, documentation and organisational conditions before harm, deviation, causation and attribution.Conclusions
CSLAF-OG is a conceptual aid for retrospective analysis, not a validated instrument or legal test. Independent evaluation remains necessary.
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BibTeX
@article{patru2026beyond,
title = {{Beyond Individual Fault: A Context-Sensitive Framework for Assessing Medical Liability in Obstetrics and Gynaecology}},
author = {Larisa Pătru and Maria Cristina Comănescu and Elena Cristina Andrei and Daniela-Maria Micu and Răzvan Grigoraș Capitanescu and Ciprian Laurențiu Pătru},
journal = {Healthcare (Basel, Switzerland)},
year = {2026},
month = oct,
doi = {10.3390/healthcare14203531},
url = {https://europepmc.org/article/PMC/PMC13704618},
note = {CC BY},
}
RIS
TY - JOUR
TI - Beyond Individual Fault: A Context-Sensitive Framework for Assessing Medical Liability in Obstetrics and Gynaecology
AU - Larisa Pătru
AU - Maria Cristina Comănescu
AU - Elena Cristina Andrei
AU - Daniela-Maria Micu
AU - Răzvan Grigoraș Capitanescu
AU - Ciprian Laurențiu Pătru
PY - 2026
DA - 2026/10/01
JO - Healthcare (Basel, Switzerland)
DO - 10.3390/healthcare14203531
UR - https://europepmc.org/article/PMC/PMC13704618
AB - Background/objectives Previous obstetric and gynaecological malpractice reviews identify recurring concerns but do not specify a sequence for examining conduct before deviation, causation and attribution. We developed a context-sensitive conceptual framework.Methods A structured critical narrative review of PubMed/MEDLINE, Scopus and Web of Science Core Collection was combined with analysis of Romanian legal and professional sources. The broad searches yielded 1785 database records before deduplication. The team's legal specialist manually screened the overlapping thematic searches 2A-2D using her subject expertise; duplicates were removed and 223 unique publications were retained. The 347 records reported for thematic search 2A alone are not the input denominator for that corpus. She extracted the information for 40 selected anchor publications, mapping them to eight broad themes. The thirteen-domain Context-Sensitive Liability Assessment Framework for Obstetrics and Gynaecology (CSLAF-OG) was illustrated using three principal Romanian judicial cases and one additional case.Results The framework orders context, professional standards, autonomy, communication, documentation and organisational conditions before harm, deviation, causation and attribution.Conclusions CSLAF-OG is a conceptual aid for retrospective analysis, not a validated instrument or legal test. Independent evaluation remains necessary.
SN - 2227-9032
ER -