ory position of having actually to
break the letter of the law in doing what according to accepted medical
standards is in the best interests of the patient.
As safeguards against the possible dangers of a widening of the law, it
has been suggested that new regulations should be introduced governing
the practice of therapeutic abortion.
It has been recommended that operations should only be performed after
adequate consultation, and that written certificates should be given by
both parties to the consultation; that in certain cases the consultant
should be a specialist; that all operations should be performed in
public or licensed hospitals; that every therapeutic abortion should be
notified to the Medical Officer of Health, to whom also the two
certificates should be forwarded; and that every operation not
performed under these conditions should be subject to strict
investigation.
It has also been recommended by some that there should be a general
notification of all abortions.
Those who are opposed to any alteration of the present state argue that
any specific legalization of therapeutic abortion to save the serious
impairment of health as well as to save life might lead to abuses of
this sanction. They point out that even at the present time doctors
differ considerably in their views and in their practice, and they fear
that such divergences in thought and practice might be seriously
exaggerated.
As to the suggested safeguarding regulations, there is by no means
general agreement in the medical profession concerning their
advisability or their value.
The Committee, having investigated the matter very fully, is satisfied
that any disability under which the doctor rests in terminating a
pregnancy for genuine, accepted therapeutic reasons is only
theoretical.
No actual instance was brought before the Committee in which a doctor
had been penalized or even subject to question when acting in good
faith, nor was any evidence presented to show that any patient had
suffered by reason of a doctor refraining from operating through fear
of possible legal consequences.
Both medical and legal witnesses competent to speak on these
medico-legal aspects were definite in their assurance that, under the
existing law, no doctor acting in accordance with the accepted
standards of the profession was in any danger.
The only person who need have any fear was one who ignored guidance of
the existing standards of his pro
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