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Medico Legal Problem Indian Pediatrics 2003; 40:1011 |
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Who is at Fault? |
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I am sending details of one of the case in which we had some medico-legal problems. We would like to have answer to the questions raised by patients relatives and our colleagues from other faculties. Please guide us so that such problems can be tackled in a better way in the future. A full term pregnant woman was delivered by an emergency cesarean section. The indication for LSCS was CPD with fetal distress. The surgery was done by a qualified obstetrician at around 11.00 a.m., within reasonable time after the arrival of the patient following due consent of the relatives. The child had severe birth asphyxia, in-spite of baby being resuscitated by qualified pediatrician and anesthetist. This male child was second in order, first being a female child. Considering all these facts and the facilities available at the hospital, the baby was referred for better care to a Medical college (about 8 km from the city) within 1-1½ hr of birth. The baby was admitted in the Neonatal unit at the Medical College where he died around 10.00 p.m. at 11 hr of life. After this the relatives of baby became very abusive, violent and started misbehaving with the nursing staff of the referring hospital. Following points were raised by relatives: (i) They wanted that the doctors should come immediately to the hospital to satisfy their queries. (ii) Was LSCS really needed? (iii) If you don’t have a team of competent doctors and the facilities available then why are you running the hospital? (iv) They forcibly took the case-sheet from the nurse on duty and got it xeroxed. Such situations are not rare now-a-days. We came to know from our colleagues that similar incidences are occurring in their city also. Some of the relatives and friends of the patient were probably under the influence of alcohol. We would like to have guidance from you on following matters: (a) Who was at fault, Obstetrician or Pediatrician? (b) Can the relatives forcibly get the case papers xeroxed and what are its consequences? (c) Should police be informed in such situation specially as the relatives were drunk? (d) What should be the role of hospital administration? Rajendra Borkar,
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