Neonatology is one of the areas of medicine that in recent years has received much attention. This interest primarily concerns the constant progress in this field and the inherent ethical and medico legal problems. The extensive debate about some issues reflects both the technical and scientific progresses that have been made in the neonatological field. On the other hand, tightly argued issues such as medical malpractice litigation have reached crisis proportions in the neonatological and pediatric field. Moreover, pediatric claims are very expensive because the damages cover the life of the child and the juries tend to be very sympathetic toward children and their families. Care at the limits of viability and cerebral palsy are some of the more contentious areas of legal medicine on the neonatological field. Since recognizing “red flags” can lessen chances of malpractice claims against neonatologists, this chapter focuses on some issues which have a high vulnerability to claims of medical negligence and on high-risk situations. The principles are primarily the same for any doctor working in any country under any clinical circumstances; of course, subtle differences in the law can appertain to an individual case depending on where it arose and the jurisdiction that applies.
- Donn SM, Chiswick ML, Whittell P, Anderson S (2003) Medico-legal implications of hypoxic ischemic brain injury. In: Donn SM, Sinha SK, Chiswick ML (eds) Birth asphyxia and the brain: basic science and clinical implications. Futura Publishing, Armonk, pp 379–401Google Scholar
- Kadhim H, Evrard P, Kahn A et al (2005) Insights into etiopathogenic mechanisms involved in perinatal cerebral injury: implications for neuroprotection. In: Fong HD (ed) Focus on cerebral palsy research. Nova Science Publishers, Hauppauge, pp 1–26Google Scholar
- Online Mendelian Inheritance in Man. McKusick-Nathans Institute of Genetic Medicine, Johns Hopkins University; Baltimore. Accessed 13 July 2012. Available at www.omim.org/statistics
- Riezzo I, Neri M, De Stefano F, Fulcheri E, Ventura F, Pomara C, Turillazzi E, Fineschi V (2010) The timing of perinatal hypoxia/ischemia events in term neonates: HSPs, ORP-150 and COX2 are reliable markers to classify acute, perinatal events. Diagn Pathol 5:49. doi:10.1186/1746-1596-5-49CrossRefPubMedPubMedCentralGoogle Scholar
- Squier W (2002) Pathology of fetal and neonatal brain damage: identifying the timing. In: Squier W (ed) Aquired damage to the developing brain, timing and causation. Arnold, London, pp 110–127Google Scholar
- Turillazzi E, Fineschi V (2009) How old are you? Newborn gestational age discriminates neonatal resuscitation practices in the Italian debate. BMC Med Ethics 12:10–19Google Scholar