[Certain or possible lethal medical malpractice: what is to do afterwards?].
In case of a possible or certain lethal case of medical malpractice the following procedure is recommended: 1. Scrutinize every death of a patient during or after a medical treatment. Address the following questions: "Did everything proceed correctly?", "Could death have been prevented?", "This should not have been happened". 2. Report to the head physician, to the hospital management and administration in order to coordinate the further procedures. 3. Save all the evidence: Perfusions, empty phials, opened drug packages. Leave all catheters, tubes, drainages on the body! Leave any technical equipment, for example anesthetic machines untouched. Save all prior blood and urine samples taken from the patient. Seal medical history and documentations. 4. Order a memory protocol of the events by all involved persons. 5. Refrain from clinical autopsy. Forensic autopsy, indicated in these circumstances, can only be authorized by the district attorney (see point 7). If in doubt, seek counseling from an institute of forensic medicine by telephone (if requested: anonymously). 6. Put "non natural death" on the death certificate in case of a certain and unclear death in case of a possible medical malpractice. 7. Report any possible or certain case of lethal medical malpractice to the district attorney (obligation to report). The district attorney will authorize a 8. Inform the relatives of the deceased. Apologize, show regret and concern but do not address the question of guilt. 9. Inform your third party insurance (this does not mean an admission of guilt).
Institut für Rechtsmedizin der Universität Bern. zollinger@irm.unibe.ch
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D001344:Autopsy / Q000331:legislation & jurisprudence; D003334:Coroners and Medical Examiners; D004282:Documentation; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D019300:Medical Errors / Q000331:legislation & jurisprudence*; D013557:Switzerland