The Medico-Legal Implications of Hypoxic Ischaemic Encephalopathy in Contemporary Cerebral Palsy Jurisprudence

Authors: Buttigieg GG*

DOI: 10.23880/ijfsc-16000237

Volume 6, Issue 3

Abstract

There are specific moments in medicine where a newly opened door leads to findings, the full import of which can only be discerned but not fully initially apprehended. The evolution of cerebral palsy litigation has seen a number of doors open since the 1950’s and many of them led to scientific and legal dead ends and fatal drops. The initial mistaken scientific assumptions of the early fifties have had clinical and subsequent medico-legal disastrous implications of the first order. These pivotal facts are reviewed here as is hypoxic Ischaemic encephalopathy (HIE) the modern epicentre of the science linking cerebral palsy causology and the jurisprudence of alleged obstetric negligence in cases of infantile cerebral palsy. This paper provides reflections on both the unfortunate past and, learning from experience, it promulgates the scientific approach which Court can adopt to effect a just retrospective analysis of labour management and its potential link to hypoxic-induced peripartum cerebral palsy. Reflecting on the last 50–70 years of cerebral palsy causology and litigation are indispensable in planning the future. As matters stand, it is HIE which is the torch bearer in displacing those scientifically proven wrong aspects which still haunt some Courts and furthermore in providing a firm, uniform and just platform for future litigation and jurisprudence.

Keywords: Cerebral Palsy; Peripartum Hypoxia; Intrapartum Cardiotocography; Litigation; Jurisprudence; Myth; Science; Hypoxic Ischaemic Encephalopathy; Pre-Trial Hearing; Shifting The Medico-Legal Paradigm; Future

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