Worldwide, drowning is the commonest cause of death for males age 5-141.
In the US, in the first two decades of life drowning accounts for 10% of deaths from accidental injury2, 4000 deaths a year in all. Childhood and adolescent immersions result in about 8000 hospitalisations and 31,000 Emergency Department visits annually3. Of all US drowning deaths, 60% are children and teenagers.
Nearly a third of children have pre-existing conditions4 - congenital heart disease, seizure disorder, cerebral palsy/mental retardation, and developmental delay.
Causal factors clearly associated with drowning are for toddlers inadequate supervision5, for young children inflicted immersion5, 6 (particularly bath-tub7), and for adolescents and adults alcohol and drugs8.
Associated traumatic injuries are generally caused by diving, vehicle crashes, falls from a height, and boating accidents9, 10.
Practice PointClinical research on the common patterns of injury can be valuable in litigating drowning |
Of children who lose consciousness in the water, those who are in cardiac arrest on arrival at the Emergency Department will likely either die or prove to be severely brain-damaged11. Of those not in cardiac arrest and responsive to stimulation, the vast majority will survive and generally be neurologically intact12. Other indicators of good neurological prognosis are Glasgow Coma Score of more than 5 on arrival at the Emergency Department13, and spontaneous respiration immediately after Cardio-Pulmonary Resuscitation14.
Although hypothermic protection of the brain occasionally occurs in frigid conditions (fall through ice, for instance), hypothermia is generally an indicator of poor prognosis15.
Survivors of immersion may suffer pneumonia and, for up to 5 days post-submersion, the onset of Acute Respiratory Distress Syndrome (ARDS).
Practice PointOutcome is largely predictable at the time of resuscitation, and deviations from expectation may indicate a novus actus interveniens |
The term secondary drowning for ARDS and other late complications may be found in the older clinical research literature, but has been abandoned. The term secondary drowning is currently used to indicate the medical equivalent of Thin Skull or Proximate Cause.
The term near-drowning is confusing and should probably also be abandoned3. "Drowning is defined as death resulting from suffocation within 24 hours of submersion in a liquid medium, and near-drowning, as survival of at least 24 hours after an episode of suffocation caused by submersion in a liquid medium." The author points out that "near" is used as a modifier in no other diagnosis and that 24 hours is arbitrary, having no patho-physiological rationale.
Practice PointLitigators should understand the pathological implications of the terms secondary drowning and near-drowning |
Personal Injury counsel should be aware that autopsy proof of drowning may be difficult16.
Copyright © 2008 Electronic Handbook of Legal Medicine