Legislative minefield, but medical rulings clear
The Medical Council’s guide to professional conduct and ethics sets out what conduct doctors must follow in a case like Savita’s.
Part 21.4 states: “In current obstetrical practice, rare complications can arise where therapeutic intervention (including termination of a pregnancy) is required at a stage when, due to extreme immaturity of the baby, there may be little or no hope of the baby surviving.
“In exceptional circumstances, it may be necessary to intervene to terminate the pregnancy to protect the life of the mother, while making every effort to preserve the life of the baby.”
Similarly, more than a decade ago, Prof John Bonnar, then chairman of the Institute of Obstetricians and Gynaecologists, which represents up to 95% of all doctors in the sector, made a similar statement.
During a presentation at the all-party Oireachtas committee’s fifth report on abortion, he said: “In current obstetrical practice rare complications can arise where therapeutic intervention is required at a stage in pregnancy when there will be little or no prospect for the survival of the baby, due to extreme immaturity.
“In these exceptional situations, failure to intervene may result in the death of both the mother and baby.
“We consider that there is a fundamental difference between abortion carried out with the intention of taking the life of the baby, for example for social reasons, and the unavoidable death of the baby resulting from essential treatment to protect the life of the mother.”
Savita miscarried at 17 weeks. While a foetal heartbeat remained, she was told there was no chance of the pregnancy surviving.
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