Table 5.

Obtain a Court Order if Indicated

Action: Based on the AAP, ACOG, and AMA guidelines, this final recommendation should be an ultimate last resort and must be justifiable and only considered in the case of exceptional circumstances. Action: Become familiar with your hospital’s risk management system as a source of guidance on obtaining a court order as the process and timeliness depend on the state and hospital of delivery. Action: If you decide to seek judicial intervention, ensure that (1) your patient was informed about the decision to pursue legal action, (2) your patient is also given an opportunity to present her side, (3) your patient is represented by a lawyer. Action: Understand that using the legal system to force compliance can drive away patients from future interaction with the medical system.

AAP, American Academy of Pediatrics; ACOG, American Congress of Obstetricians and Gynecologists; AMA, American Medical Association.