Soutoul J H, Pierre F
Département de Clinique Gynécologique, Obstétricale et de la Reproduction, C.H.U. Bretonneau de Tours.
J Gynecol Obstet Biol Reprod (Paris). 1988;17(2):155-65.
1947 was the date of the first prosecution for failure to assist a person in danger at the time of delivery. Before coming back to it the authors define the constitutional elements of breaking the law as specified in article 63, paragraph 2 of the Penal Code in connection with applying articles 319 and 320 which concern homicide or involuntary bodily harm (or recklessness) which are the most often used in medicine. After that they present the court records of a number of cases which for the most part have not been published, from the Tribunals or the Appeal Courts of cases where prosecution could resulting up to 5 years of imprisonment or a fine of 20,000 F for general practitioners, specialists, gynaecologists and obstetricians or midwives who are indicted under these conditions. A series of 18 case histories which cover pregnancy, delivery and help for the newborn at risk in the first days of life, should lead to a good was of preventing this medico-legal risk, which is little known but very real. It requires great care by practitioners when called to urgent cases and a thorough and proper handling over to a colleague or to a team who are more able to give help, as well as good control of the conditions under which resuscitation is carried out and under which the newborn is monitored in the neonatal period. It is emphasized that the biggest risk run by the doctor who is responsible for the care of the pregnancy, of the delivery or resuscitation of the newborn is later not to be able to deny false information that may be given about the risks run by the victim, and to challenge the accusation that he was unwilling to give help. It is only by keeping good notes and by the evidence of witnesses that later provide indisputable proof against accusations of his failure, which characterize cases of failure to assist people in danger in medicine, can be fought. This risk is particularly strong in obstetrics and in neonatology.
