Aspects Regarding Legal Liability of the Physician in Fetal Ultrasonography

Introduction The antenatal ultrasound screening of structural and chromosomal fetal malformations is an important component of the prenatal care process. Early detection of malformations allows the couple, together with the treating physician, in deciding to terminate the pregnancy within legal limits. Informing the patient and the family about the situation should be done with particular attention to the emotional impact, however, insisting on describing the possible evolution of the case over time with all possible implications is mandatory. Methodology The case study includes a patient who was referred to the Ist Department of Obstetrics and Gynecology of the "Pius Branzeu" Emergency Clinical Hospital Timioara, being sent urgently from a lower-grade maternity hospital for chronic fetal distress, severe oligohydramnios. To analyze the legal implications, appropriate legal texts and relevant cases settled by the Romanian courts were studied. Results After the assessment of the patient, emergency delivery through caesarian section was decided. A live fetus with a focal point of the right foot attached directly to the base was extracted. Ultrasound examination did not detect the malformation during pregnancy. The postoperative progression was favorable for both the mother and the fetus. The analysis of possible legal implications reveals ways to bring legal liability to medical staff. Conclusions The ultrasound failure of malformation is likely to cause consequences regarding attracting the legal responsibility of the physician who has monitored the evolution of the pregnancy. However, some conditions remove the legal liability of the medical staff.