title: The issue of delivery room infections in the Italian law. A brief comparative study with English and French jurisprudence.
abstract: Delivery room infections are frequent, and many of them could be avoided through higher standards of care. The authors examine this issue by comparing it to English and French reality. Unlike England, in Italy and France the relationship established between health facility, physician and patient is outlined in a contract. In England, the judges' decisions converge toward a better and higher protection of the patient-the actor-and facilitate the probative task. In case of infections, including those occurring in the delivery room, three issues are evaluated: the hospital's negligent conduct, damages if any and causal nexus. Therefore, the hospital must demonstrate to have taken the appropriate asepsis measures according to current scientific knowledge concerning not only treatment, but also diagnosis, previous activities, surgery and post-surgery. In order to avoid a negative sentence, both physicians and hospital have to demonstrate their correct behavior and that the infection was caused by an unforeseeable event. The authors examine the most significant rulings by the Courts and the Supreme Court. They show that hospitals can avoid being accused of negligence and recklessness only if they can demonstrate to have implemented all the preventive measures provided for in the guidelines or protocols.
authors.affiliation: a Department of Anatomical, Histological, Forensic and Orthopaedic Sciences , Sapienza University of Rome , Rome , Italy.
authors.forename: Simona
authors.initials: S
authors.lastname: Zaami
authors.affiliation: a Department of Anatomical, Histological, Forensic and Orthopaedic Sciences , Sapienza University of Rome , Rome , Italy.
authors.forename: Gianluca
authors.initials: G
authors.lastname: Montanari Vergallo
authors.affiliation: a Department of Anatomical, Histological, Forensic and Orthopaedic Sciences , Sapienza University of Rome , Rome , Italy.
authors.forename: Simona
authors.initials: S
authors.lastname: Napoletano
authors.affiliation: b Department of Obstetrics and Gyneacology , San Camillo Hospital , Rome , Italy.
authors.forename: Fabrizio
authors.initials: F
authors.lastname: Signore
authors.affiliation: a Department of Anatomical, Histological, Forensic and Orthopaedic Sciences , Sapienza University of Rome , Rome , Italy.
authors.forename: Enrico
authors.initials: E
authors.lastname: Marinelli
mesh_terms: D000900:Anti-Bacterial Agents / Q000008:administration & dosage / Q000627:therapeutic use; D003428:Cross Infection; D003696:Delivery Rooms / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D007223:Infant; D007226:Infant Mortality; D007558:Italy; D007882:Legislation, Hospital; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008428:Maternal Mortality; D007744:Obstetric Labor Complications; D010820:Physicians / Q000331:legislation & jurisprudence*; D011247:Pregnancy; D011644:Puerperal Disorders
chemical_list: D000900:Anti-Bacterial Agents
keywords: Delivery; antibiotics; infection; medical record; negligence; responsibilities