Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
It will be seen from the passages above quoted that there is no
distinction between a woman _quick_ or not _quick_ with child. “The
offence is to procure the miscarriage of _any woman, whether she be or
be not with child_” (R. _v._ Goodhall, 1 Din. 187; 2 C. & K. 293). But
although the law does not regard “quickening” in cases of abortion, yet
the fact of having “quickened” may be pleaded as a bar to immediate
capital punishment.
[Illustration: Fig. 23.--Abortion at fourth week.
(Glaister.)]
It has been decided in Scotland that drugging or operating to procure
abortion is criminal, though unsuccessful, but it is not certain
whether the woman alone can be charged with taking drugs to procure
abortion. Both in England and in Scotland, to make the procuring of
abortion criminal, “there must be felonious intent,” for it may be
necessary to cause abortion. It must be borne in mind that the law
allows no discretionary power on the part of medical practitioners
who, to save the life of the mother, may deem it advisable to induce
premature delivery. This being the case, no medical man should attempt
to induce premature labour without the consent of the relatives of the
woman, and the sanction of a medical colleague after consultation.
This precaution is the more necessary as several medical men have
been prosecuted, an event which would not have taken place had the
precaution above suggested been observed. A medical man should also
be very careful never to give any medicine “to bring on the courses”
if he has the slightest suspicion of pregnancy, even as a “placebo”
to satisfy an importunate patient, for should abortion be otherwise
procured, his really harmless medicine may be accused with the result,
and a grave suspicion be raised against him, to say the least.
The term _abortion_ is understood in _medicine_ to mean the expulsion
of the contents of the fœcundated uterus before the sixth month of
pregnancy, that is, before the child is considered viable. After this
period it is said to be a premature labour.
_In law_, however, no distinction is made and the expulsion of
the contents of the uterus at _any_ period before the full time
of pregnancy is considered an _abortion_; in popular language, a
_miscarriage_.
[Illustration: Fig. 24.--Abortion between sixth and eighth week.
(Glaister.)]
[Illustration: Fig. 25.--Abortion at tenth week.
(Glaister.)]
Abortion, when not produced by criminal means, generally occurs at
or a little before the _third month_ of utero-gestation, and then
usually in first pregnancies, or during the latter part of the period
of child-bearing. It is also more frequent among the rich than among
the poor. Of the two thousand cases of pregnant women examined by Dr.
Whitehead of Manchester, the sum of whose pregnancies was 8681, or 4.38
for each, rather less than 1 in 7 had aborted.
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