Part 8 (2/2)
”In giving this ruling I am, of course, referring merely to the legal obligation--_i.e._, the duties imposed according to law.
Speaking generally, there is a moral duty on every person having knowledge of a serious crime which is an offence against morality as well as against law, to a.s.sist the police as far as possible in its detection and suppression. The confidence of a patient may be a legitimate ground for excluding that duty in some, or even in most, of the cases of this kind. But no doubt there are certain cases where the duty is clear. Instances are the case of a young and inexperienced woman who has reluctantly submitted to the operation at the hands of a person who is known as a practised abortionist, or where the operation has been done by violence and against the will of the subject. These, however, are questions of morality upon which varying opinions may be held, and upon which I do not desire to be taken as expressing a final opinion.”
This legal opinion has not been challenged, though it has been criticised.
Although the Committee appreciates the difficulties under which the police are working, the evidence of other witnesses has led them to agree that any extension in the direction of compulsory notification to the police before death, and against the patient's wish, is open to serious objections and is therefore not advisable.
Regarding the second issue, there is general agreement that there is a duty on the doctor to a.s.sist the police, and that this should be done by withholding a certificate of death and informing the Coroner.
The position has been more clearly defined as a result of a recent amendment to section 41 of the Births and Deaths Registration Act, as contained in section 12 of the Statutes Amendment Act, 1936:--
”12. (1) On the death of any person who has been attended during his last illness by a registered medical pract.i.tioner, that pract.i.tioner shall forthwith sign and deliver to the Registrar of the district in which the death occurred a certificate, on the printed form to be supplied for that purpose by the Registrar-General, stating to the best of his knowledge and belief the causes of death, both primary and secondary, the duration of the last illness of the deceased, the date on which he last saw the deceased alive, and such other particulars as may be required by the Registrar-General, and the particulars stated therein shall be entered in the register together with the name of the certifying medical pract.i.tioner.
”(2) The medical pract.i.tioner shall at the same time sign and deliver to the undertaker or other person having charge of the burial a notice on the printed form to be supplied for that purpose by the Registrar-General to the effect that he has furnished a certificate under the last preceding subsection to the Registrar.
”(3) In any case where, in the opinion of the medical pract.i.tioner, the death has occurred under any circ.u.mstances of suspicion, the pract.i.tioner shall forthwith report the case to the Coroner.
”(4) Every medical pract.i.tioner required to give a certificate and a notice as aforesaid, or to report to the Coroner as provided by the last preceding subsection, who refuses or neglects to do so is liable to a fine not exceeding five pounds.”
Recently a consultation on this matter was held between the Minister of Health and members of the Council of the New Zealand Branch of the British Medical a.s.sociation.
The a.s.sociation expressed the opinion that the resolutions of the Royal College of Physicians (England), which were laid down as a result of a similar controversy in Great Britain, const.i.tuted the most satisfactory guide in these difficult and responsible situations, and informed the Minister that steps would be taken to make the position clear to all its members. The resolutions are as follows:--
”The College is of opinion--
”1. That a moral obligation rests upon every medical pract.i.tioner to respect the confidence of his patient; and that without her consent he is not justified in disclosing information obtained in the course of his professional attendance on her.
”2. That every medical pract.i.tioner who is convinced that criminal abortion has been practised on his patient should urge her, especially when she is likely to die, to make a statement which may be taken as evidence against the person who has performed the operation, provided always that her chances of recovery are not thereby prejudiced.
”3. That in the event of her refusal to make such a statement he is under no legal obligation (so the college is advised) to take further action, but he should continue to attend the patient to the best of his ability.
”4. That before taking any action which may lead to legal proceedings, a medical pract.i.tioner will be wise to obtain the best medical and legal advice available, both to ensure that the patient's statement may have value as legal evidence and to safeguard his own interest since in the present state of the law there is no certainty that he will be protected against subsequent litigation.
”5. That if the patient should die he should refuse to give a certificate of the cause of death, and should communicate with the Coroner.
”The college has been advised to the following effect:--
”1. That the medical pract.i.tioner is under no legal obligation either to urge the patient to make a statement, or, if she refuses to do so, to take any further action.
”2. That when a patient who is dangerously ill consents to give evidence, her statement may be taken in any of the following ways.”
[The procedure employed in taking this statement is then specified.]
The Committee is also of the opinion that if the medical profession closely follows this guidance and that of the amended section 41 of the Births and Deaths Registration Act, the public interests will best be served.
SUMMARY AND CONCLUSIONS.
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