Postpartum Hysterectomy is a type of surgery, reserved for selected cases, that represents a life-saving procedure for postpartum hemorrhage secondary to complications of the third stage of labor. The first-line treatment is aimed to preserving fertility, especially in young patients. Hysterectomy is therefore the ultimate approach in cases of severe haemorrhage, unresponsive to conservative treatments. There are many medico-legal implications in this area, both about surgical consent in urgency / emergency, state of necessity and failure of alternative conservative methods. Profiles of liability are recognized in conduct inconsistent with the common "leges artis" to which is causally obtained, as a complication predictable and avoidable, the woman's infertility or death. Legal implications for gynecologists can affect different areas, from criminal law (personal injury, homicide), to the civilian (biological damage and other types of damage). The delicacy of the problem requires a complex, collegial and necessarily "customized" medico-legal assessment, according to the peculiarities of each case. The authors propose an evaluation scheme of general rules of conduct in emergency situations, including concrete examples relating to judicial proceedings inherent the topic of post-partum hysterectomy.
L’isterectomia d’urgenza nel post-partum: aspetti medico legali e interpretazione giurisprudenziale
De Donno A;INTRONA, Francesco
2012-01-01
Abstract
Postpartum Hysterectomy is a type of surgery, reserved for selected cases, that represents a life-saving procedure for postpartum hemorrhage secondary to complications of the third stage of labor. The first-line treatment is aimed to preserving fertility, especially in young patients. Hysterectomy is therefore the ultimate approach in cases of severe haemorrhage, unresponsive to conservative treatments. There are many medico-legal implications in this area, both about surgical consent in urgency / emergency, state of necessity and failure of alternative conservative methods. Profiles of liability are recognized in conduct inconsistent with the common "leges artis" to which is causally obtained, as a complication predictable and avoidable, the woman's infertility or death. Legal implications for gynecologists can affect different areas, from criminal law (personal injury, homicide), to the civilian (biological damage and other types of damage). The delicacy of the problem requires a complex, collegial and necessarily "customized" medico-legal assessment, according to the peculiarities of each case. The authors propose an evaluation scheme of general rules of conduct in emergency situations, including concrete examples relating to judicial proceedings inherent the topic of post-partum hysterectomy.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
