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[About the term «newborn» in forensic medicine]
E M Kildyushov1, I N Nikishtsev1, E V Tumanov1
1Pirogov Russian Research Medical University, Moscow, Russia.
Sudebno-Meditsinskaia Ekspertiza
|December 6, 2022
Summary
This study advocates for a unified definition of "newborn" (birth to 28 days) in both forensic and general medicine. It emphasizes the legal significance of "signs of recent birth" for justice and health defense.
Area of Science:
- Forensic Medicine
- Neonatal Medicine
- Medical Law
Context:
- Current medical and legal definitions of the neonatal period lack uniformity.
- Discrepancies in defining the "newborn" and "recent birth" create challenges in legal and medical contexts.
Purpose:
- To establish a standardized definition of "newborn" (0-28 days) applicable to both forensic and general medicine.
- To validate the legal use of "signs of recent birth" terminology.
- To underscore the critical importance of precisely defining the onset and duration of the neonatal period for legal and investigative purposes.
Summary:
- This research argues for the necessity of a common term "newborn" encompassing the period from birth to 28 days, applicable in both forensic and general medicine.
- It supports the legal validity of using the term "signs of recent birth".
- The study highlights the significance of understanding the precise start and end of the neonatal period for resolving investigative questions, determining legal capacity, and ensuring criminal justice for citizens' life and health.
Impact:
- Standardizing terminology will improve clarity and consistency in medical and legal documentation.
- Accurate definition of the neonatal period aids in accurate legal assessments and strengthens the defense of citizens' rights.
- This work contributes to the precise application of law and medical science in cases involving newborns.

