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Parents ran away and dead body of a newborn is with hospital
28-Oct-2023 (In Criminal Law)
A new born was admitted in New born intensive care unit due to asphyxia and extreme prematurity and died in medical college run by Surat municipal corporation, after death none either parents or relatives have appeared to accept dead body and they are absconding . It was informed to Resident Medical Officer(R.M.O.). R.M.O. registered it as a medicolegal case and involved the treating pediatrician. The dead body is send to cold storage of hospital and waiting for post -mortom. 1. Is it a medico-legal case ? or a legal case? 2. Why a case registered for not acceptance of dead body /parents absconding should involve a pediatrician ? rather than municipal corporation /hospital ? 3. What are the legal implications and liability of R.M.O. and hospital ?
Sir
If the death of the New Born is caused due to Medical Negligence of such a gross nature which could be termed at Culpable Homicide, then perhaps , Yes, it can be Medico-Legal Case. However, merely because a New Born dies (without any medical Negligence on the part of the Doctor), and the parents are absconding that do not give rise to commission of any offence to attract a Medico - Legal Case.
So I need to exactly know on what grounds the case is reported, so i can aptly advise you regarding your queries.
However, please note, the following : -
1) Unless there is Medical Negligence involved, which caused the death of the New Born, there is no legal case made out.
2) A Pedatrician has no role in this entire episode. This is issue between the management of the Hospital and the parents of the Child.
3) Unless there is medico legal case, there are no legal implication involved here.
Once you provide me with the aforesaid details, i can aptly advise you appropriate course of action.
However, i would advise you, that if you feel you might be roped in a Criminal Case, then go for anticipatory bail.
Should you require any assistance then do not hesitate to contact.
If the death of the New Born is caused due to Medical Negligence of such a gross nature which could be termed at Culpable Homicide, then perhaps , Yes, it can be Medico-Legal Case. However, merely because a New Born dies (without any medical Negligence on the part of the Doctor), and the parents are absconding that do not give rise to commission of any offence to attract a Medico - Legal Case.
So I need to exactly know on what grounds the case is reported, so i can aptly advise you regarding your queries.
However, please note, the following : -
1) Unless there is Medical Negligence involved, which caused the death of the New Born, there is no legal case made out.
2) A Pedatrician has no role in this entire episode. This is issue between the management of the Hospital and the parents of the Child.
3) Unless there is medico legal case, there are no legal implication involved here.
Once you provide me with the aforesaid details, i can aptly advise you appropriate course of action.
However, i would advise you, that if you feel you might be roped in a Criminal Case, then go for anticipatory bail.
Should you require any assistance then do not hesitate to contact.
Helpful?
13+
13+
Adv. Vivek Mapara
Ahmedabad | 100+ Answers
CONTACT NOW
The reason given by you asphyxia and extreme prematurity are medical relative terms their details are not given by you. But in limited information you had given
1. I can say it's a medicolegal case.
2. As per law case can be register against parents if they have left living baby not a dead body.
The role of pediatrician comes after baby birth not at that time.
Case can be register against hospital and doctor/s if in pre inquiry it proved that baby died due to their mistake.
3. RMO have to conduct inquiry and find out truth, any action can be taken only after that.
Who will be complainant in this case?
If RMO fails to take any action than hospital management can take action in this matter and if required against RMO that will be limited one.
1. I can say it's a medicolegal case.
2. As per law case can be register against parents if they have left living baby not a dead body.
The role of pediatrician comes after baby birth not at that time.
Case can be register against hospital and doctor/s if in pre inquiry it proved that baby died due to their mistake.
3. RMO have to conduct inquiry and find out truth, any action can be taken only after that.
Who will be complainant in this case?
If RMO fails to take any action than hospital management can take action in this matter and if required against RMO that will be limited one.
Helpful?
18+
18+
Adv. Ashwani Kumar Sharma
Delhi | 25+ Answers
CONTACT NOW
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