Medicolegal aspects of teratology

Abstract

The medicolegal aspects of teratology have some unique problems which sepqrate them from other medicolegal problems. A medicolegal classification of the cause of malformations is presented in an effort to discourage litigation which is scientifically unsound and to support just complaints. There are several phases to the prevention of medicolegal litigation involving the malformed child. The concept of a medicolegal work-up is introduced. Proper communication and excellent record-keeping are the best deterrents to the initiation of negligence suits. A national committee should be set up as a friend of the court to assist in this attempt to determine if there is any relationship of the proposed cause to the malformation. The passage of new legislation at the national or state level might help to clarify the controversial aspects of the rights of the unborn plaintiff and also define the responsibility of parents, lay individuals, doctors, and industrial firms in this regard. It is obvious that the problem of medicolegal litigation involving the unborn fetus will not be resolved without the active participation of the legal and medical profession and the national and state legislatures.