APPENDIX B: SUMMARIES OF SELECTED CASES N. MINISTRY OF HEALTH The following cases concluded in 2012 were selected for publication in the Annual Report: 2012-10. Due care for live-born but inevitably dying babies (following late abortions) In April 2011 a number of articles in a Danish newspaper criticised hospitals’ treatment of babies born alive following late abortions. It appeared from the press coverage that live-born babies had been left to die alone in hospital sluice rooms. The Ombudsman asked the National Board of Health and the Ministry of the Interior and Health (now the Ministry of Health) for a statement on the case, including a statement on the Board’s monitoring activities. The treatment of live-born but inevitably dying babies is governed by Guidance Notes no. 9623 of 31 August 2005 on the criteria for live births and stillbirths etc. The Guidance Notes specify that if a foetus/baby shows signs of life after being born or delivered, it is to be considered a live-born baby. This applies irrespective of the stage of pregnancy and irrespective of whether the background is an intervention in accordance with the provisions of the Abortion Act. If the baby is inevitably dying, ‘due care’ must be provided. On 30 November 2011, after the Ombudsman had opened the case, the National Board of Health wrote to all hospital maternity wards concerning the rules governing the situation and clarified the meaning of ‘due care’. And the Board asked all maternity wards to draw up a local set of instructions, if such did not already exist. At a meeting with the Ombudsman institution, the authorities informed the Ombudsman that the National Board of Health would write to the maternity wards in a year to ensure that such instructions had been issued. The Ombudsman asked to be informed of the result of the authorities’ follow-up. 111