DUTIES OF DOCTORS

Otago Daily Times, Issue 22903, 10 June 1936, Page 10

DUTIES OF DOCTORS

ILLEGAL OPERATIONS DUNEDIN CORONER’S REMARKS SUPPORTED BY MINISTER (Special to Daily Times) WELLINGTON’. June 9. The remarks marie recently by Mr J. R. Bartholomew. S.M., at an inquest in Dunedin regardin'? the duties of doctors in attending cases where death occurs as the result of criminal abortion, were referred to in a statement issued to-night by the Minister of Health (Mr P. Fraser). The Minister took the view that it was the duty of a medical practitioner in such cases to inform the police of the cause of death, but added that the matter could very safely be left in the hands of the medical profession. Mr Fraser also said that the setting up of a committee or commission of inquiry with full powers to investigate every aspect of the problem presented by the prevalence of abortion offences was receiving the consideration of the Government. The Minister referred to the remarks made by the Dunedin coroner regarding the ruling of the Director-general of Health for the guidance of the medical profession issued on October 29, 19,12. Hie coroner bad stated that the ruling was most unfortunate and mischievous in effect, and invited a cloak to be cast over a serious criminal offence in respect of which a charge of murder might lie. “Toward the cud of 1932 the Directorgeneral of Health was requested by the New Zealand Obstetrical Society to obtain a legal opinion as to the obligation on a doctor when he knows that criminal abortion Ims been performed to inform the police if the patient recovers or dies ' Mr Fraser said. “ The question was submitted by the Director-general to a law ollicer of the Crown, who advised that n doctor was under no legal obligation to inform the police. The law ollicer rifcrml, however, to the moral obligation resting on every good citizen to assist in the detection anj suppression of crime, but he mentioned that only in passing.”

The Alinister said the ruling had been forwarded to tbc society and had been published in the New Zealand Aledical Journal. The Director-general had not given a ruling for the guidance of th>* medical profession. He had merely handed on the legal opinion on a specific question of law, the rccuracy of which us n question of law had not been challenged.

“The coroner has, however, raised very properly an issue of the greatest public importance,” Air Fraser continued. “ It is essential that it should be faced and settled in a way that permits of no subsequent misunderstanding. When a patient dies as the result of an induced abortion should the doctor who lias attended her in her last illness withhold a certificate of death and inform the police or. the coroner? The coroner says, Yes. I venture respectfully to agree with him. Indeed, I would go further and say that such action should be taken in every case where a doctor has evidence to lead him to conclude that death resulted from a criminal net. To render such action legally obligatory would, I am advised, require an amendment to the law. If this were necessary I should not hesitate to recommend it. I am not, however, convinced of the present, necessity for such an amendment. I am disposed to believe that the matter can be safely left in the hands of the medical profession which, I feel certain, is anxious not only lo obey the law, but also to discharge the moral obligation resting on every good citizen to assist in the detection and suppression of crime, while at the same time keeping faith with those who often, in great mental as well as physical distress, repose confidence in its members. 1 am sure the public shares my conviction that the ethical standard of the medical profession in New Zealand is in every respect as high as it is in Great Britain. If the New Zealand branch of the British Medical Association should decide to follow the rules of conduct approved by the Royal College of Physicians, I feel sure the perplexity now felt by some members of the profession would at once disappear. In such case I imagine there would be no need of any amendment to the law. The prevalence of the practice of abortion has been prominently before the Health Department for some considerable time and had been discussed with the Obstetrical Society. Grave concern has been felt and much thought has been given to the best means of combating the evil, The sotting up ot a committee or commission of inquiry with full powers to, investigate every aspect of the problem is.at present receiving consideration, and it is hoped that an announcement on this point will be made at an early date.”