The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
The law in Pennsylvania[99] is: "If any person, with intent to
procure the miscarriage of any woman, shall unlawfully administer to
her any poison, drug, or substance whatsoever, or shall unlawfully
use any instrument, or other means whatsoever, with the like intent,
such person shall be guilty of felony, and being thereof convicted,
shall be sentenced to pay a fine not exceeding five hundred dollars,
and undergo an imprisonment, by separate or solitary confinement
at labor, not exceeding three years." It makes no difference in
Pennsylvania law whether the child is quickened or not.
[99] _Laws of Pennsylvania_, Act of March 31, 1860, sec. 88. p.
404.
The New Jersey, Massachusetts, and Wisconsin laws are like the
Pennsylvania law. The law in Iowa[100] is: "If any person, with
intent to procure the miscarriage of any pregnant woman, wilfully
administer to her any drug or substance whatever, or, with such
intent, use any instrument or other means whatever, unless such
miscarriage shall be necessary to save her life, he shall be
imprisoned in the penitentiary for a term not exceeding five years,
and be fined in a sum not exceeding one thousand dollars." To the
same effect are the laws in Connecticut, Maine, New York, Ohio,
Michigan, Minnesota, Colorado, Texas, and Maryland.
[100] _Laws of 1897_, Iowa Code, 4759.
Frank Winthrop Draper, professor of legal medicine in Harvard
University,[101] commenting on the Massachusetts law of October,
1903, cap. 212, secs. 15, 16, says: "It is important to recognize the
fact that the law does not make any exception or formal recognition
in favor of justifiable operations to procure premature labor. The
statute is general in its application. It is, of course, obvious
that the best sentiment of the medical profession and of obstetric
teachers is favorable to interference of pregnancy, (1) whenever
there is such anatomical deviation or mechanical obstruction in the
mother's pelvis that the birth of a child is impossible; or (2)
whenever the mother is suffering from such grave disease that her
life is in imminent peril and can be saved only by the arrest of
gestation. Under such conditions the physician is not only warranted
in inducing premature labor, but is required to do so by a sense of
duty to his patient, with a view thereby to save one life at least,
and, if possible, the lives of both mother and offspring.
[101] _Legal Medicine_, 1905.
Public-domain text, read in full here on John Shaqi.
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