His Excellency Attorney General, Adviser. Diaa’ Al-Deen Al-Madhoun, / Gaza,
His Excellency the Deputy Minister for the Ministry of Health, Dr. Youssof Abu Al-Reesh, / Gaza,
Subject: Causing Shoulder Dystocia during Childbirth Requires Investigation and Accountability If Proven to Be Caused By Malpractice
MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellences, noting that the center received a written memo from Na’eem Mustafa Siam, who resides in Gaza, in which he states that on 18/6/2019, his daughter in law, Iman Hamdan, headed to ……….. Hospital in Gaza with her mother in law, as she was going into labor. In his complaint, Mr. Siam points out that Iman has spent long hours at the obstetrics room without receiving any medical supervision, though her mother in law has repeatedly asked the medical staff on duty for help. At long last, the complainant and his family have noticed that their newborn grandson’s left shoulder was dislocated during labor “Medically known as Shoulder Dystocia”. In its turn, the family met the doctor on duty, who assessed the baby’s state of health as normal and minor, affirming that his recovery is dependent on a few sessions of Physical Therapy. However, the family visited several private doctors to inquire the baby’s condition, but they all agreed that he suffers from a temporary disability that requires long-term physical therapy, which unfortunately will not lead to a full recovery.
As an independent and civil watchdog organization, MUSAWA believes that the contents of this complaint –if proven true- entail a malpractice that requires investigation and accountability, and indicate a weak medical oversight –If not a complete absence- over the performance of the hospital, and the physicians who supervised the delivery, which represents a violation of the national law and the international treaties and convention governing children’s rights and physicians’’ responsibilities.
Accordingly, MUSAWA demands you to form a commission to investigate the mentioned incident, and to take the needed legal actions in its regard, including holding the malpractice offenders accountable, ensuring the complainant right of compensation, and directing the competent bodies to activate the supervision procedures and controls to ensure the non-recurrence of such malpractices. Hoping that you respond to our memo and keep us updated with the actions taken by your side in its regard duly.
With All Due Respect,
Issued on 9/9/2019
A copy of the complaint and its attachments.