The birth plan serves three purposes. First, it structures the discussion
between the physician and the patient. This ensures that all important issues
are addressed with each patient. Second, it provides a framework for resolving
inconsistencies between the patient's expectations and the risks of her
particular pregnancy. Finally, it serves as documentation of the agreement
between the physician and the patient. This will obviate questions about the
information given the patient and any promises by the physician as to the
management of the delivery. Legally most important, it will document the risks
of pregnancy and the specific risks attendant on the delivery strategy chosen
by the patient. This will not relieve the physician of liability for
negligence. It will, however, bolster the physician's claim that certain
injuries were foreseeable risks of pregnancy and not iatrogenic birth injuries.
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