The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
The natural order, charity, justice, and related principles give
every child the right to be born with bodily health, if such an event
is possible. If it is not possible in particular circumstances, then
_melius esse quam non esse_, and the decision in each case depends on
its own qualities.
If a physician knows that a person who has been infected with
syphilis is about to marry, should the physician warn the innocent
party?
There are several conditions: (1) the infected person about to marry
may be actively infectious; (2) the person may be probably infective,
as any one is who has once had syphilis; (3) the physician may
know the fact of the infection officially or unofficially; (4) the
infective person may have gone to the physician for treatment for a
condition not connected with the syphilis--say, for a bronchitis or a
broken bone--and the physician in the examination discovers syphilis.
Again, there are various kinds of secrets. St. Alphonsus Liguori[161]
classifies secrets in three groups: (1) natural; (2) promised;
(3) entrusted secrets. A natural secret is one which obliges us
in justice to observe it if divulging it will gravely injure any
one in reputation or possessions. We are not obliged to observe
a secret of this kind at the risk of our lives unless the damage
from the divulging would affect the community gravely. A promised
secret obliges to silence either gravely or lightly, according to
the intention of the promiser. Where reasonable doubt exists as
to grave obligation, such obligation does not exist. A promise to
secrecy made even under oath is not binding if one is obliged in
justice to reveal the secret; therefore we must testify to the crime
of another when a judge legitimately demands our testimony, even if
we have promised not to tell anything. If a secret is entrusted to
one, and divulging would cause grave damage, but justice, or similar
circumstances, do not oblige us to reveal it, we are bound to observe
it even when questioned by legitimate authority. Then we may answer
we know nothing about it, at least for revelation. St. Alphonsus's
text is: "Potes respondere te nihil scire, scilicet ad revelandum."
His meaning seems to be: "You may say you know nothing about the
matter inquired into." Any other signification would be futile.
To say literally, "I do not know anything I may tell," would only
expose one to punishment for contempt. He seems to make the answer
a conventional denial, like the "not guilty" of a criminal. A judge
may not abrogate the natural right by which an entrusted secret is
protected, unless the secret is already known in some other way, or
there is a just cause for revealing it.[162]
[161] _Theologia Moralis_, iv, n. 970 et seq.
[162] Cf. De Lugo, _De Justitia et Jure_, disp. 14, n. 141.
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