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Background: Considering the process of pregnancy and undeniable role of obstetricians and midwives in women's health, the possibility of medical malpractice complaints in this regard is particularly important. Therefore, studying medical malpractice among them can be seen as a step toward protecting the health of mothers and neonates.

Methods: In this retrospective cross-sectional study, a number of 7616 cases of medical malpractice complaints filed in the field of obstetrics & gynecology and midwifery from all 31 provinces of the country to be assessed by the National High Commission of Forensic Medicine, two periods (2011-2012) were studied. A researcher-made checklist was used to collect information and the data were analyzed using SPSS software v. 16.

Findings: Among a total of 7616 medical malpractice lawsuits related to pregnancy and childbirth, the most common type of malpractice was recklessness (71/67%). Medical malpractice, due to lack of skills was seen in 50% of cases of malpractice by obstetricians and gynecologists, while non-compliance with government regulations was the mistake of 66/66% of technically responsible persons in hospitals.

Conclusion: Considering the increasing number of complaints for medical malpractice in the field of obstetrics and gynecology, it is necessary for gynecologists and midwives, to perform their duties in accordance with scientific standards and protocols, clinical skills and cooperating in teamwork, in order to reduce medical malpractice and guarantee the health and wellbeing of mothers and neonates.