What doctors can learn from the $280,000 negligence case over a ‘coerced’ vaginal exam

Last month, AusDoc reported that a patient had been awarded $280,000 in compensation over a vaginal examination conducted while she was in labour.

The Supreme Court of Victoria found that Larissa Gawthrop had been refused admission to Bendigo Hospital until she consented to a vaginal examination in 2020. Because she had been given no alternatives, when her birth plan said she wanted to avoid vaginal examinations unless medically necessary, her consent was not free or voluntary, the court found.

Judging from readerscomments, the case sparked plenty of concern that doctors who took clinically appropriate actions during the high stakes, time-pressed scenario of a birth could suffer legal blowback.

Here, Georgie Haysom, general manager of advocacy, education and research at Avant, explains what doctors should take away from the case.