From the article linked earlier, THIS chart would be the biggest reason any OB who would like to remain in practice would push for delivery by 38 weeks.http://www.greenjournal.org/cgi/cont...l/100/4/638/F2
*If* you happened to be one of the mothers who delivered a dead baby(ies) after 38 weeks, any lawyer worth a dime would blow that chart up to billboard size. What excuse would the doctor be able to come up with that would satisfy a jury that 'they did all the could', when statistically, the chances of stillbirth after 38 weeks SKYROCKET with a twin pg.
A dear friend of ours delivered stillborn twin girls at 39+ weeks. Both babies showed absolutely no signs of distress, passed NSTs with flying colors, amniotic fluid levels were normal, etc etc.
And then they were both dead. Cord compression/accident with one baby that led to the death of her identical twin sister less than 24 hours later.
That doctor's malpractice policy paid through the nose, as it should have, because there simply is too much documented research that indicates delivery at 37-38 weeks leads to the BEST overall outcomes for twins.
But her girls are still dead. It was/is a horrible situation, and I'd much rather take my chances on a set of twins not being 'ready' at 38 weeks than take my chances on them dying in utero after I'd made it that far. Going past 38 weeks with twins is MUCH MUCH riskier (look at the chart) than going past 42 weeks with singletons, something you'll rarely see OBs advocating, so it's little surprise that most do not advocate going past 38 weeks with twins.
All that said, if you look at the research and still feel ok with carrying longer, that is certainly a choice that should be up to the mother. She is, afterall, the one who will ultimately live with that choice. The doctor in question should have the right to document their recommendation to deliver at whatever gestation, the mother's refusal, and that really should be enough to 'cover' the doc in question. Unfortunately, that's not how it works with obstetrical litigation.