DOCTOR AND PATIENT

Evening Post, Volume CXXXVIII, Issue 136, 6 December 1944, Page 4

DOCTOR AND PATIENT

Difficulties over the clause in the Statutes Amendment Bill which provides that, with certain exceptions, medical information is not to be disclosed by public hospitals without the consent of the patient are evidence of what happens when an attempt is made to achieve a special purpose by general legislation. According to the AttorneyGeneral (Mr. Mason), the clause was designed to prevent people in hospital being worried with the idea that a doctor might be questioning them for the purpose of litigation, but during the -discussion it was shown quite clearly that its effect was likely to be much wider and that it might in fact seriously interfere with the course of justice. The House subsequently agreed to an amendment proposed by Mr. Mason adding police constables to the authorities to whom information may be given concerning a hospital patient. The effect of this amendment will be to make the position regarding the • disclosure of information in abortion cases no worse than at present, but it certainly makes it no better. There is still a decided danger that | the police will be frustrated in their .endeavours to stamp out the abortion evil. Following their traditional practice, members of the medical profession have been unwilling to agree to anything that will disturb the confidential relationship between doctor and patient, but in view of the great increase in abortion cases, and the difficulty of the police in securing sufficient evidence to obtain convictions, there are strong arguments foxreconsidering this attitude. It is a matter that might well be discussed between members of the profession and the Justice Department. The stand taken by the medical profession on ethical grounds can be appreciated, but

the crime of abortion is a grave social evil. It is right that care should be taken to avoid action which might deter the victims of the abortionist from seeking. medical aid; but the. criminal abortionist should not be permitted to take shelter behind this care.