MEDICAL CUSTOM.

Waikato Times, Volume 119, Issue 19899, 30 May 1936, Page 11

MEDICAL CUSTOM.

YOUNG WOMAN’S DEATH: CORONER‘S STRICTURES. XSSUE 0F CERTIFICATES. (By Telegraph—lire“ Asaocinion.) DUNEDIN. Pride!Outspoken comment on several as—pects of the case were madc. by the coroner, Mr J. R. Bartholomew. S.M.. at. the conclusion to—day of the inquest nio the death of Mora May Mackenzie. aged 29, whose body was exhumed at Anderson‘s 'Bay CemElEI‘Y 0“ AW“ 24. The coroner found that the actual cause of death, peritonitis, arose tram a criminal abortion. A large P 3” 0’ the evidence of Dr. A. S. Moody was taken up with an outline of his responsibilities in the case. and he also detailed the custom of members of the British Medical Association in such circumstances. The Chief Detective: You knew the cause of this woman's trouble? Dr. Moody: My Opinion W“ ”1‘“ she was seriously ill. and I WW” "0" say beyond doubt what. was the. nature of the illness. 1 thought it musht be septlcaemla, but 1 had no proof of itI made no inquiries and made no ex‘amination. Discussing the duties of doctors in relation to the issue of death certificates, Dr. .\ioody said: “i will give you the cases in which I would notify the police. They are: (1) it I knew in oiTence had been committed on a noting and inexperienced person; (2) iii‘ it had been performed against the lpnticnt‘s will; (3)' if the patient da‘sil‘rti to make a statement to the liliiit't‘." "Was my subsequent action any different from that o! a minister of re—’]i.r:lon who receives a confession of lt'l'llllc and remains silent?" Dr. Moody asked. “My patient refused to make a statement, and, as she refused to make a statement. I am bound as a member of the British Medical Association to follow the rule of the council, which is dated January 27, 1915, and is as follows:——‘ That the council is of opinion that a. medical practitioner should not under any. cir—cumstances disclose voluntarily, without the patient's consent, information which he has received from the patient in his professional capacity.‘ " Gravely Irregular. With regard to the burial. which took place on April 13, and the death certificate, which was not issued until April H. the coroner said: “ It was stated that this was the usual practice. it is not only gravely irregular. but also a breach of statute law. An undertaker cannot conduct a burial without possession to! a certificate. but a much more serious matter concerns the issue of the death certificate in cases such as the present. Dr. Moody stated that he was acting under the direction or the British Medical Association, and also in pursuance of the ruling or the Director-General of Health for the guidance of ihe inedicai profession issued on October 29, 1932. This ruling is in direct conflict with that of the Royal College of Physicians. to which I will make reference later. Imust characterise the ruling of the Director~General as. to say the least, most unfortunate and mischievous in sheet, as is evidenced by the present case. “ lnvltoa a Cloak." “The Director~fieneral states: ‘The department is advised that u. doctor is under no legal obligation to inform the police as to the cause of death| of a person which has been due to an illegal opcration.‘ No doubt there is no express provision of law to that effect, nor is there in any case of homicide, accident or sudden death. The lilrcctor~Gencral proceeds: ‘ln that case he should insert the nature of the operation as the primary cause of death. He nccd not. of course, describe it as an illegal operaiion.’ “This invites a cloak to be cast nrnr n scia‘nus criminal nil‘ence, one in rcspcct or which a. charge ofmurdcr may lir. it is no part of a doctor‘s duty to act as a detective, but It. is ritually certain that it is no part of his duty in art as :1 screen for thc ]ii'iil‘t'sstullill nimrlinnisiv. In my opinion it. is niiuscthcr wrong and irregular i‘m' a tlcnih certificate to he given." ’l‘hc l'i'l'UlH'l' added that if such a .\tatc of affairs misled it was his duty; In i'oluti'i ihi- matter to thc .\linisicr} oi .lusiii-c. .