Perinatal asphyxia and medical professional liability: A case series

In the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal a...

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Main Authors: Andrea Verzeletti, Anna Leide, Francesco De Ferrari
Format: Article
Language:English
Published: SpringerOpen 2016-12-01
Series:Egyptian Journal of Forensic Sciences
Subjects:
Online Access:http://www.sciencedirect.com/science/article/pii/S2090536X16300041
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author Andrea Verzeletti
Anna Leide
Francesco De Ferrari
author_facet Andrea Verzeletti
Anna Leide
Francesco De Ferrari
author_sort Andrea Verzeletti
collection DOAJ
description In the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal asphyxia were evaluated by the Institute of Forensic Medicine in Brescia during the period between 1999 and 2014 (13 in Civil Court and 19 in Penal Court). 9 out of the 32 pregnancies were twins, so the considerations were carried out on a total of 41 fetuses/newborns. Profiles of inadequacy were identified in 66% of cases (85% of the cases evaluated in Civil Court; 53% of the cases evaluated in Penal Court). The existence of a causal relationship between the medical conduct and the onset of asphyxia was recognized in 79% of civil cases and in 38% of penal cases. There is a “greater rigor” in the verification of causal relationship and malpractice profiles in penal cases compared to civil ones: this is in harmony with the most recent Italian Court decisions, characterized by compelling suspect’s protection in the presence of a reasonable doubt in criminal matters and by victim’s protection in civil ones.
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spelling doaj.art-29c09e31520046b9a23f2c544faa1d542022-12-22T02:38:15ZengSpringerOpenEgyptian Journal of Forensic Sciences2090-536X2016-12-016434735010.1016/j.ejfs.2016.03.004Perinatal asphyxia and medical professional liability: A case seriesAndrea VerzelettiAnna LeideFrancesco De FerrariIn the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal asphyxia were evaluated by the Institute of Forensic Medicine in Brescia during the period between 1999 and 2014 (13 in Civil Court and 19 in Penal Court). 9 out of the 32 pregnancies were twins, so the considerations were carried out on a total of 41 fetuses/newborns. Profiles of inadequacy were identified in 66% of cases (85% of the cases evaluated in Civil Court; 53% of the cases evaluated in Penal Court). The existence of a causal relationship between the medical conduct and the onset of asphyxia was recognized in 79% of civil cases and in 38% of penal cases. There is a “greater rigor” in the verification of causal relationship and malpractice profiles in penal cases compared to civil ones: this is in harmony with the most recent Italian Court decisions, characterized by compelling suspect’s protection in the presence of a reasonable doubt in criminal matters and by victim’s protection in civil ones.http://www.sciencedirect.com/science/article/pii/S2090536X16300041Medical malpracticePerinatal asphyxiaCausal relationship
spellingShingle Andrea Verzeletti
Anna Leide
Francesco De Ferrari
Perinatal asphyxia and medical professional liability: A case series
Egyptian Journal of Forensic Sciences
Medical malpractice
Perinatal asphyxia
Causal relationship
title Perinatal asphyxia and medical professional liability: A case series
title_full Perinatal asphyxia and medical professional liability: A case series
title_fullStr Perinatal asphyxia and medical professional liability: A case series
title_full_unstemmed Perinatal asphyxia and medical professional liability: A case series
title_short Perinatal asphyxia and medical professional liability: A case series
title_sort perinatal asphyxia and medical professional liability a case series
topic Medical malpractice
Perinatal asphyxia
Causal relationship
url http://www.sciencedirect.com/science/article/pii/S2090536X16300041
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