The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
The Holy Office, May 4, 1898, again decreed: "Necessitate cogente,
licitam esse laparotomiam ad extrahendos e sinu matris ectopicos
conceptus, dummodo et foetus et matris vitae, quantum fieri potest,
serio et opportune provideatur."[104] This decision was not clearly
understood, and on March 5, 1902, the same congregation reported the
following question: "Is it ever licit to remove from the maternal
pelvis an ectopic fetus which is still immature; that is, which has
not yet completed the sixth month after conception?" The answer
was, "No; according to the decree of May 4, 1898, which prescribes
that the life of the fetus and the mother must as far as possible
be carefully safeguarded. As to the time, according to the same
decree, the questioner will remember that no premature delivery is
permissible unless it is effected at such a time and by those methods
which in ordinary circumstances safeguard the life of the mother and
fetus."[105]
[104] "In a case of necessity, it is licit to do a laparotomy
for the removal of an ectopic gestation sac from the maternal
pelvis, provided the life of both fetus and mother be carefully
safeguarded."
[105] "Negative, juxta decretum 4 Maii, 1898, vi cujus, foetus et
matris vitae, quantum fieri potest serio et opportune providendum
est: quod vero tempus, juxta idem decretum, orator meminerit,
nullam partus accelerationem licitam esse, nisi perficiatur
tempore et modis, quibus ex ordinarie contingentibus, matris ac
foetus vitae consulatur."
If the fetus is removed and so killed to avert a threatened danger
to the maternal life, but not an actually operative destruction of
her life, this removal or homicide is an evil means used to avert
the danger. There is no question of a double effect, that is, of two
effects, one good and the other evil, coming with equal directness
from the cause, which is the removal or killing of the fetus; but
of a good effect, the averting of the danger to the mother, issuing
from an evil cause, the removal and death of the fetus. A good effect
does not justify the use of evil means; it is not permitted morally
_directly_ to kill the fetus, as in this case, to save the mother
from a _threatened_ grave danger.
The case is not like that of the woman who has an operable cervical
cancer while she is bearing an inviable fetus. If the cancerous
uterus is not removed the woman will surely die; if it is removed she
has a reasonable chance of cure; but if the inviable ectopic fetus
is not removed it is by no means certain that the woman will die. In
the cancer the uterus is directly removed, the fetus is indirectly
killed; in the ectopic case the fetus is directly killed, and the
danger to the woman's life is removed as a direct effect of the
killing.
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