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Q3 LONG ANSWER 10M ★ High-yield

Describe the estimation of the age and viability of a fetus, the duration of survival after birth, and the causes of death of a newborn.

Forensic Medicine · 2nd Professional — Para-Clinical

Age of the Fetus

  • HASSE’S rule is the standard method of estimating the age of a fetus from its crown-heel length:
  • For the first 5 months — the length in centimetres is the square of the month: 1, 4, 9, 16 and 25 cm
  • After 5 months — the length in centimetres is the month multiplied by 5: 30, 35, 40 and 45 to 50 cm at nine months
  • The rule is approximate and is affected by growth restriction, maceration and the accuracy of measurement; the estimate should be given as a range
MonthLength (cm)Weight and other features
39About 30 g; sex distinguishable; nails appearing
416About 120 g; lanugo appears; placenta formed
525About 400 g; vernix caseosa appears; quickening felt by the mother; heart sounds audible
630About 700 g; eyelids separate; skin red and wrinkled; calcaneus ossification centre appears (5 to 6 months)
735About 1,200 g; testes at the internal ring; talus centre appears; traditionally the threshold of viability
840About 2,000 g; testes descending; nails reach the fingertips; pupillary membrane disappears
9 (full term)45 to 50About 2,500 to 3,000 g; lanugo largely shed; nails project beyond the fingertips; testes in the scrotum; and the lower end of the femur centre appears — the single most useful sign of full term

CLINICAL PEARL

The ossification centre in the lower end of the femur is the one finding that establishes a full-term fetus. It appears in the ninth intrauterine month, is easily demonstrated by a simple transverse section through the knee or by radiography, and survives putrefaction when every soft-tissue sign has gone. In a decomposed newborn it may be the only remaining evidence of maturity — which is exactly when maturity is disputed.

Viability

Viability is the capacity of a fetus to lead a separate existence after birth, independently of the mother, given ordinary care. It depends on the development of the lungs, and is therefore essentially a question of maturity.

  • The traditional legal figure is 210 days (7 lunar months), which is the age at which the fetus was regarded as viable and which persists in the textbooks and the examinations
  • The medical reality has moved — with modern neonatal intensive care survival occurs from about 24 weeks (168 days), and occasionally earlier; and Indian law now reflects this in the MTP (Amendment) Act 2021, which restricts termination beyond 24 weeks to substantial fetal abnormality certified by a medical board
  • Viability differs from live birth and from full term, and the three are constantly confused: a fetus may be viable but stillborn; born alive but not viable, surviving minutes; or full term but not viable because of a lethal malformation such as anencephaly
  • Its medicolegal importance — it determines whether the child could have survived, and therefore whether an omission caused the death; it bears on the charge; and it is relevant to inheritance, to insurance and to the registration of a birth and death

Duration of Survival After Birth

FindingTime indicated
Air in the stomach and duodenumAbout 1 to 2 hours
Air in the small intestineAbout 6 hours
Air in the large intestineAbout 12 hours
MeconiumNormally passed within 24 hours and cleared from the bowel by 2 to 3 days; its persistence suggests a short survival
Caput succedaneumDisappears within 24 to 48 hours
Umbilical cordFresh, moist and glistening at birth; a ring OF inflammation (a vital reaction) appears at 12 to 24 hours; it dries and shrivels over 2 to 3 days; separates at about 5 to 6 days; and the scar heals by about 10 to 12 days
Milk in the stomachSurvival long enough to have been fed — conclusive of live birth
Skin colour and vernixVernix persists a day or two; physiological jaundice appears at 2 to 3 days
Ductus arteriosusCloses functionally within about 24 hours and anatomically over 2 to 3 weeks; the foramen ovale closes functionally at birth and anatomically over 2 to 3 months
  • The ring OF inflammation at the umbilicus is a vital reaction and is therefore among the more valuable findings; it cannot occur unless the child lived for some hours

Causes of Death of a Newborn

CategoryCauses
NaturalPrematurity and its complications; congenital malformation; asphyxia neonatorum; birth trauma with intracranial haemorrhage (tearing of the tentorium or falx and the veins of Galen); hyaline membrane disease; infection and septicaemia; haemolytic disease; and haemorrhage from the cord
AccidentalPrecipitate labour, with the child falling to the ground and sustaining head injury; prolonged labour; the cord round the neck; suffocation by bedclothes or by the mother’s body (overlaying); failure to clear the airway; and delay in tying the cord with exsanguination
HomicidalSmothering and suffocation, which is much the commonest and leaves the fewest marks; strangulation with the cord or a ligature; drowning in a bucket, drain or well; head injury; wounds and stabbing; thrusting a needle or instrument through the fontanelle, the nostril or the ear; fracture of the skull or of the neck; poisoning; burning; and exposure and abandonment, which is killing by omission
  • The distinction between accident and homicide is the whole difficulty, and it turns on the pattern of injury, the circumstances, and the account given — not on the injuries alone. A skull fracture is compatible with precipitate labour and with a deliberate blow, and the doctor must say what the findings favour and why

Applied Aspects

  • Section the lower end of the femur in every dead newborn; the ossification centre establishes full term, is quick to demonstrate, and survives putrefaction
  • Distinguish viability, live birth and full term explicitly in the report; they are separate questions with separate answers and are constantly conflated
  • Examine the cord and its stump carefully; the ring of inflammation is a vital reaction indicating hours of survival, and its absence is equally informative
  • Consider precipitate labour before concluding homicide from a head injury; a child delivered suddenly while the mother is standing or in a lavatory falls and may sustain a fatal skull fracture, and the pattern is recognised
  • Look for the cord round the neck and record whether it was tight, how many turns, and whether there is a groove; and distinguish it from a ligature applied deliberately
  • Take viscera for toxicology in every case; poisoning of a newborn is Hasse rule squares the month up to five and multiplies by five after, which is worth memorising because it is asked constantly
  • Viability, live birth and full term are three separate questions, and a report should answer each explicitly rather than blurring them
  • A full-term child may be non-viable from a lethal malformation such as anencephaly, and this must be stated where it applies
  • The traditional legal threshold of viability is 210 days, though modern neonatal care achieves survival from about 24 weeks
  • Calcaneus at five to six months and talus at seven are the earlier ossification centres, useful where the femur is unavailable
  • Intracranial haemorrhage from tearing of the tentorium is the classical birth injury, and requires the skull to be opened with care
  • Air reaches the stomach in an hour or two and the colon by twelve, so the gastrointestinal air maps the duration of survival
  • The umbilical ring of inflammation is a vital reaction appearing at twelve to twenty-four hours, and cannot occur unless the child lived
  • Distinguish a cord round the neck from a ligature; record the number of turns, the tightness and any groove
  • Smothering is the commonest homicidal method in a newborn, and leaves the fewest marks of any
  • Exposure and abandonment is killing by omission, and the findings are those of hypothermia, starvation or animal attack with no care given
  • Used and leaves nothing to see

All questions in Infanticide & Abortion

  1. Q1Define infanticide. Describe the legal provisions in India and the questions to be answered at the autopsy of a newborn. ★
  2. Q2Describe the signs of live birth with the hydrostatic test and its fallacies. ★
  3. Q3Describe the estimation of the age and viability of a fetus, the duration of survival after birth, and the causes of death of a newborn. ★
  4. Q4Describe the Medical Termination of Pregnancy Act with its provisions and its interaction with other laws. ★
  5. Q5Describe criminal abortion with its methods, complications and the medicolegal examination. ★
  6. SN1Distinguish dead-born, still-born and live-born. Describe the signs of intrauterine death. ★
  7. SN2Describe precipitate labour and its medicolegal importance. ★
  8. SN3Describe the offences of concealment of birth and of exposure and abandonment of a child. ★
  9. SN4Describe the abortifacient drugs and poisons with their dangers. ★
  10. SN5Describe the medicolegal aspects of maternal deaths. ★
  11. SN6Describe the signs of recent abortion in a living woman and the distinction between natural and induced abortion. ★
  12. SN7Describe the examination of a dead newborn found in a public place.

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