Journal Articles Archives - Page 65 of 67 - Protection of Conscience Project Library

(Correspondence) Therapeutic abortion

R Halliday

Canadian Medical Association Journal, CMAJ — Canadian Medical Association Journal

Extract
Dr. Ough correctly points out that “the abortion controversy is essentially a conflict of ethical systems” and acknowledges that one may practise within either a “traditional” or “utilitarian” ethic. . . . A utilitarian ethic, or a social ethic, may lead to legalization of abortion on demand . . . However, I do not believe the medical ethic embraces the concept of abortion (or hysterectomy, or providing narcotics, or commitment to a mental hospital) on demand. We are medical practitioners, not agents or practitioners for a theory of social engineering…

Halliday R. (Correspondence) Therapeutic abortion. Can Med Assoc J. 1975 November 8;113(9):821.

Abortion Conscience Clauses

Marc D Stern

Columbia Journal of Law & Social Problems

Extract
Despite the rulings in Roe and Doe, physicians, nurses, and denominational hospitals opposed to abortions have continued to refuse to perform them. They have argued that Roe and Doe, as judicial interpretations of the fourteenth amendment, do not apply to private activity, and that in any event the free exercise clause protects those who, for religious or moral reasons, object to abortion. These claims are not without difficulties. . . . Since Roe and Doe, Congress and many state legislatures have enacted laws to protect both institutions and individuals who refuse to participate in abortions for religious or moral reasons. These so-called “conscience clauses” limit the power of the courts to compel the performance of abortion where a refusal to participate is religiously or morally based. This article will explore the problems these statutes raise. The conclusion reached is that, for the most part, well-drafted conscience amendments are constitutional.

Stern MD. Abortion Conscience Clauses. Columbia J Law Soc Probl. 1975 Summer;11(4):571-627.

Abortion: an open letter (CMA President)

Bette Stephenson

Extract
The CMA is not in favour of “abortion on demand”; indeed we are very concerned with the very large and growing number of abortions being performed. . .Our primary aim is to improve family planning programs and, in every way possible, reduce unwanted pregnancies and the need for abortion. . . We believe there is a great need to clarify government policy regarding the abortion laws and for much more meaningful leadership from the federal and provincial governments and the medical profession of Canada to evolve an effective, comprehensive national family planning program. . . .Contrary to a frequent misinterpretation that the CMA is pro-abortion, the association, in fact, is much more strongly pro-prevention of the problem of unwanted pregnancy. If the news media had publicized that important portion of my presentation to the Empire Club regarding the need for effective educational and family planning programs as widely as it did that part related to the problems of abortion, you would have gained a much more accurate view of the policies of the association.

Keywords:

Stephenson B. Abortion: an open letter (CMA President). Can Med Assoc J. 1975;112(4):492. Available from:

Hill-Burton Hospitals After Roe and Doe: Can Federally Funded Hospitals Refuse to Perform Abortions?

Eugene L Berl

Extract
Conclusion
Public hospitals, by reason of the mandate of Roe and Doe, cannot categorically refuse to perform abortions. Similarly, under the state action doctrine, hospitals receiving federal funds pursuant to the Hill-Burton Act cannot refuse to perform abortions, notwithstanding the Health Programs Extension Act of 1973. The inter-relationsip of state and the hospital in the Hill-Burton program, with all the rights, duties and obligations incidental thereto, and the fact that the state and the hospital are joint participants in a state project undertaken for the benefit of the public, support the finding of state action. The Roe prohibition against state interference in a woman’s abortion decision, to be more than a mere cipher, must extend beyond state abortion statutes to the unwarranted refusal to perform abortions by hospitals with which the state is intimately involved.

Berl EL. Hill-Burton Hospitals After Roe and Doe: Can Federally Funded Hospitals Refuse to Perform Abortions? New York U Rev Law & Social Change. 1974;4(1):83-97.

Uterine injuries complicating hypertonic saline abortion

JJ Willems

Author Summary
Two cases of uterine injury complicating midtrimester abortion induced by hypertonic saline are described, one with an extensive laceration of the cervix and the other with a rupture of the lower uterine segment extending into the vault of the vagina. The etiology, diagnosis and possible obstetric sequelae are discussed. With the increasing number of therapeutic abortions being performed in North America there is a concomitant increase in associated complications being reported in the literature. This report describes two of the more uncommon and potentially more important complications encountered when amnioinfusion is employed for the induction of midtrimester abortion. [Details of 19 year old and 15 year old patients at 16 and 18 weeks gestation respectively].

Willems J. Uterine injuries complicating hypertonic saline abortion. Can Med Assoc J. 1974 Dec 07;111(11):1223-1226.

The unwanted pregnancy

Sharon H Stone, Kenneth E Scott

Authors’ Summary
A questionnaire was submitted to the mothers of 200 consecutively delivered infants; 15% of mothers were unmarried. The results showed a high prevalence of unwanted pregnancy, most accounted for by well educated, married women having their first or second baby, and despite access to contraceptive agents. Most of the married women and over 50% of the unmarried who had not wanted to become pregnant wanted the baby after its birth.

Stone SH, Scott KE. The unwanted pregnancy. Can Med Assoc J. 1974;111(10):1093-1097.

Applications for abortion at a community hospital

Marlene E Hunter

Extract
Applications for therapeutic abortion over a 44-week period in a 647-bed community hospital are reviewed . . . . No contraceptive measures were being employed at the time of conception by 69.7%. Less than one sixth of the patients were applying because of severely adverse social, psychological or medical reasons. . . . it was often difficult to refrain from presuming that “she is in no position to raise a child” indicated inconvenience rather than incipient emotional disaster. . . . Women must be informed that abortion is not a minor procedure and that long term hazards to themselves, to future pregnancies and to future children are significantly high. . . . The concept of prevention rather than abortion should be emphasized. . . surely we can assist more women to achieve satisfactory methods of control.

Hunter ME. Applications for abortion at a community hospital. Can Med Assoc J. 1974 Nov 16;111(10):1088-1092.

Abortion and Conscience Clause: Current Status

Dennis J Horan

Abstract
The abortion controversy is currently in the coercive stage. The hard core proponents of legalized abortion are now busy opposing abortion legislation that keeps abortion in the criminal code, or that seeks to regulate abortion other than through the medical practice act. Their aim is the psychological satisfaction of making abortion not only legal, but morally acceptable to all but the cranky Catholics. Part of the plan includes opposition of conscience clauses. Obviously this latter stance smacks of a betrayal of their promise that their wish was only freedom now, and thus they are somewhat at a disadvantage before the courts, at least as far as the conscience clause is concerned.

Horan DJ. Abortion and Conscience Clause: Current Status. Catholic Lawyer. 1974;20(4):289-302.

Constitutional Law: Private Hospital May Refuse to Perform Abortion

Betty Berger

Extract
Conclusion
It is evident that the abortion question in relation to private hospitals is being fought on two grounds. One ground is state action. The other is freedom of religion and moral conviction. Decisions are beginning to indicate that public hospitals may have to perform abortions if they have the facilities. On the other hand, decisions such as Bellin, indicate that courts may not find sufficient state action when a private hospital is involved even if that hospital has received public funds. Even if they do, Bellin indicates that the right of conscience may protect the private hospital which is also sectarian and opposed to abortion on religious and moral grounds.’ Furthermore, the United States Congress has established a policy that receipt of funds from Hill-Burton or any other programs covered by the Health Services Extension Act of 1973 should not force a hospital to provide personnel and facilities for abortions. In addition, the first amendment protects the rights of individuals and groups to refuse to do what their religion prohibits. Abortions are generally a convenience and not a matter of life and death if not performed in the private hospital. In the balance of convenience versus first amendment freedoms, courts are unlikely to let convenience prevail. Private hospitals have sold neither their rights nor their private status..

Berger B. Constitutional Law: Private Hospital May Refuse to Perform Abortion. Saint Louis U Law J. 1974;18(3): 440-460.

Attempted abortion by the use of bishyrdoxycoumarin (case report)

NST De Jager, NF Boyd, AD Ginsburg

Extract
The use of an oral anticoagulant in an attempt to induce abortion has not previously been reported. . . Her knowledge of its effects stemmed from two episodes of heavy vaginal bleeding which had been ascribed to the drug. It is felt that in this way she sought to rid herself of a pregnancy which she believed would disrupt her life. In common with almost all patients who knowingly ingest anticoagulants illicitly, she persistently denied self-medication. With adequate psychiatric and social service assistance the underlying problems were resolved and the pregnancy was concluded successfully with the birth of a live infant…

Jager ND, Boyd NF, Ginsburg AD. Attempted abortion by the use of bishydoxycoumarin. Can Med Assoc J. 1972 Jul 8;107(1):50, 53-54.