DOI:10.18643/gieu.2017.27
"> DOI:10.18643/gieu.2017.27
"> DOI:10.18643/gieu.2017.27
"/> Off-label use of Misoprostol during childbirth, causing hypoxic ischemic encephalopathy. Legal and ethical consequences
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GINECOeu13(1)27-29(2017)
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Off-label use of Misoprostol during childbirth, causing hypoxic ischemic encephalopathy. Legal and ethical consequences

M. Aluas, S. Hostiuc, T. Hangan, D.D. Mocan


Abstract: A recent decision of the Court of Appeal of Cluj from Romania intrigued the medical community as it sentenced a gynecologist to pay 450.000 Euro in damages after an off-label use of Misoprostol during childbirth, causing hypoxic-ischemic encephalopathy. The physician was also condemned to two years in prison for abuse of authority and work negligence, and had his right to practice medicine suspended for five years. This case has potentially significant consequences for the medical practitioners in general, and for physicians from the field of Obstetrics- Gynecology in particular. In this report, we will analyse it from a legal and ethical point of view, considering current legal regulations and standards of medical ethics. We will perform a comparative legal analysis of the case based on the previous versus actual Romanian Criminal Code, followed by a basic ethical, principialist analysis.
DOI:10.18643/gieu.2017.27

Keywords: foetus harming, criminal liability, childbirth ethical issues.

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