Timing of death of a dead born foetus determined at medico-legal autopsy refuted the allegation of medical negligence

2020 ◽  
pp. 002581722095310
Author(s):  
Chittaranjan Behera ◽  
Jatin Bodwal ◽  
Sone Lal ◽  
Asit K Sikary

The case concerns a dead newborn. The family alleged that his death was due to delay in delivery by the attending doctors. Medico-legal autopsy was performed three days later which showed maceration changes suggestive of the foetus lying dead-in-utero for about 24 h which prima facie refuted the allegation of negligence.

2015 ◽  
Vol 4 (3) ◽  
pp. 320
Author(s):  
Puteri Nemie Jahn Kassim ◽  
Khadijah Mohd Najid

<p>Obstetrics and Gynaecology (O &amp; G) are among the specialties at high risk of malpractice claims. In particular, obstetric malpractice attracts high incidence of claims as birth injuries are usually serious and devastating. The resulting disabilities and malformation from the injuries tend to be life-long and victims are deprived of years of enjoyment in life, independence and productivity. As these injuries occur on the victims early in life, the costs of medical care are usually enormous. As this imposes stressful and heavy burden on the family members, they tend to resort to litigation as means of procuring monetary compensation. The highest numbers of medical negligence cases in Malaysia involve obstetric injuries and six to seven-figure court awards are now becoming the trend for compensating obstetric malpractice victims. However, proving obstetric malpractice is not an easy task with years of litigation, which eventually may not provide victims with monetary compensation if unsuccessful. Further, the increase in obstetric litigation has triggered higher premium for medical indemnity insurance causing many doctors to leave the subspecialty. Even though the doctor at the end may not be found guilty but the trauma of being sued caused them to suffer difficulties in returning to their work.</p>


2001 ◽  
Vol 7 (2) ◽  
pp. 135-140
Author(s):  
J. Berge ◽  
B. Maugey ◽  
D. Charles ◽  
M. Jimenez ◽  
R. Mangione

We report the case of an arteriovenous malformation (AVM) of the vein of Galen diagnosed in utero at the 34th week of gestation by ultrasound and MRI. Following interdisciplinary advice, the family decided to terminate the pregnancy. This was carried out in the 36th week of gestation. Mascroscopic study of the fetus confirmed the in utero diagnosis: considerable dilatation of the cerebral arteries, the Galen vein and the anteroinferior sinuses. Based on the correlation of pre and post natal examinations, this study highlights the accuracy of in utero MRI, coupled with ultrasound scanning in the diagnosis of an AVM of the Galen vein. It provides specific information on the degree of cerebral impairment. MRI in utero helps in decision-making for pregnancy termination.


2009 ◽  
Vol 60 (8) ◽  
pp. 845 ◽  
Author(s):  
Fabian I. Trinnie ◽  
Terence I. Walker ◽  
Paul L. Jones ◽  
Laurie J. Laurenson

In applying a quantitative approach to the reproduction of Trygonoptera imitata, the present study contributes to understanding the wide diversity in the reproductive biology of the family Urolophidae and provides insights to help determine phylogenetic relationships. This localised species is taken as bycatch in several inshore fisheries and potentially impacted by a range of other anthropogenic pressures, including introduced species, particularly in shallow-water pupping areas. T. imitata can be characterised as a species of comparatively low matrotrophic histotrophy with an extended period of relatively large eggs in utero (5–8 months) followed by rapid growth of the embryos (4–6 months). The reproductive cycle is annual with parturition occurring during late-February–April, followed immediately by ovulation. Mean size-at-birth is ~225 mm total length and there is a ~1000% gain in mean wet mass from egg (15 g) to full-term embryo in utero (150 g), the lowest reported for any viviparous batoid. Litter size increases with maternal length, reaching a maximum of seven, and sex ratio of embryos is 1 : 1. Maximum length and estimates of the maturity–ogive parameters l50 and l95 are similar for females and males.


Author(s):  
Vincenzo Ferrari

Vincenzo Ferrari, THE ITALIAN SYSTEM OF JUSTICE THROUGH A SOCIAL SCIENCE PERSPECTIVE. This article offers a brief description of an extensive research on “Justice in Italy in the 2000s”, conducted in the first half of the last decade by a group of social scientists led by the author. This project, whose results have been collected in nine volumes containing twelve monographic studies, focused on the structure and functions of the system of justice, as well as on how it relates to certain other systems of social action, such as the family, politics, the European context and the Bar. The author portrays the Italian judiciary as relatively closed towards society and highlights the main dysfunctions of both civil and penal proceedings. He adds that congestion seems to be a common feature of many modern justice systems and, echoing some recent American studies, lays down the hypothesis that they only succeed in functioning when semi-institutional alternatives are also available, even if prima facie incompatible with their basic principles, such as plea bargaining in criminal and negotiation in civil proceedings.


Proceedings ◽  
2020 ◽  
Vol 37 (1) ◽  
pp. 45
Author(s):  
Sarah Gerritsen ◽  
Sally Mackay ◽  
Amio Ikihele ◽  
Seini Taufa ◽  
Jacinta Fa’alili-Fidow ◽  
...  

Early-life nutrition in utero, via breastfeeding (when possible), and during complementary feeding to joining the family diet, lays the foundation for optimum growth, health and neurodevelopment across the lifespan. [...]


1932 ◽  
Vol 32 (4) ◽  
pp. 465-488 ◽  
Author(s):  
G. C. M. McGonigle ◽  
P. L. McKinlay

It does seem clear from the above series of results that of the factors examined in their relation to rickets, etc., the only one of substantial importance is differences in the manner of feeding. The absence of definite association with overcrowding is, certainly, surprising, in spite of the fact that we realise how crude is the measure of this factor which we have had to adopt. If, as we suggest, the personal factor is not a very serious one, the above findings afford at least prima facie evidence of the truth of the assertions made previously, and are certainly sufficient to warrant the prosecution of further field enquiries, on this line, but having greater regard to the obtaining of the necessary information in a form more suitable for detailed analysis.In this section the influence of five possible factors on the weight of the child has been considered. No one of these can be shown to be of outstanding importance in this respect; but the efficiency of the mother shows the highest and most consistent relationship. Health of mother and those variations of feeding which are considered here as indiscretions have no appreciable influence on infant weight, but the remaining two variables, overcrowding and position of the infant in the family, seem to influence the weight of the child. In the case of overcrowding, the effect is small and only becomes substantial towards the end of the first year. Position of the infant in family, likewise, is of little moment; first and latest-born infants initially seem to have lower than average weights, but towards the end of the first year of life the weights of first-born infants tend to be over average, while those of infants born into already large families still show evidence of inferiority.


2017 ◽  
Vol 18 (1) ◽  
pp. 31-48 ◽  
Author(s):  
Petr Sustek ◽  
Martin Šolc

Abstract: The term wrongful birth denotes a claim brought by the parents of an unwanted child who was conceived or born due to medical negligence. The claims are often dismissed as contradictory to good morals or public order. However, there remains a neglected question whether the court decision to award or dismiss damages could constitute discrimination against the child concerned. While the child is not a party to the litigation, it is nevertheless unacceptable for the court not to take into account the effects of its decision on the child. In the case of award of damages, the court publicly affirms the legitimacy of the parentsꞌ need for compensation, that is the fact that the childꞌs birth represents recoverable harm to them. The court decision therefore means a different treatment in respect to other children whose benefits for the family are generally recognized and praised by the society. That might have serious psychological consequences for the child, depriving her or him of the full enjoyment of the right to dignity. This fact constitutes discrimination on the grounds of birth, which can be justified only by very weighty reasons. Such reasons may be arguably given in the case of a child incapable of understanding the meaning of wrongful birth litigation, whose special needs are extremely burdensome on the family. On the other hand, the dismissal of the claim cannot represent a negative discrimination against the child.Keywords: Discrimination. Wrongful birth. International human rights law. Human rights of the child. Convention on the Rights of the Child.


2018 ◽  
Vol 45 (2) ◽  
pp. 117-124 ◽  
Author(s):  
Johan Christiaan Bester

This work clarifies the role of the best interest standard (BIS) as ethical principle in the medical care of children. It relates the BIS to the ethical framework of medical practice. The BIS is shown to be a general principle in medical ethics, providing grounding to prima facie obligations. The foundational BIS of Kopelman and Buchanan and Brock are reviewed and shown to be in agreement with the BIS here defended. Critics describe the BIS as being too demanding, narrow, opaque, not taking the family into account and not suitable as limiting principle. This work responds to these criticisms, showing that they do not stand up to scrutiny. They either do not apply to the BIS, only apply to misuses of the BIS or criticise a BIS that is not seriously defended in the literature.


2017 ◽  
Vol 23 (4) ◽  
pp. 516-533 ◽  
Author(s):  
Louise Fleming ◽  
Kathleen Knafl ◽  
Marcia Van Riper

Children with congenital adrenal hyperplasia (CAH) are exposed to high levels of testosterone in utero often resulting in nontypical genitalia at birth for girls. The purpose of this analysis, which draws on data from a larger study, was to examine, based on the gender of the child, the family experiences of having a child with CAH. Sixteen parents were interviewed, and comparisons were made across all categories coded in the parents’ interviews to examine similarities and differences in the experiences of families based on the child’s gender. Families having a daughter with CAH experienced additional challenges when compared with families having a son. These include fear of stigmatization, challenging surgical decisions, and concerns regarding disclosure of the condition. Acknowledging this and creating support programs tailored for girls that address surgical procedures and complications resulting from being born with elevated testosterone are critical to promoting a healthy family and child response.


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