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.