Tests of a patient diagnosed as having been in a “persistent vegetative state” for twelve years following a car crash have demonstrated that he is self-aware and capable of mentally responding to communication from caregivers. The tests were performed using an fMRI machine. Medical staff had refused to accept his parents’ assertions to the same effect. Observations since the scan have continued to support the diagnosis of “persistent vegetative state,” so it appears that current diagnostic standards are in question. [BBC]
Polish law and conduct of Polish physicians, clergy, activists and authorities leads to adverse judgement
The European Court of Human Rights has issued a judgement adverse to freedom of conscience and ordered Poland to pay two complainants, a mother and daughter, a total of 61,000 Euros in damages and costs. Subject to the possibility that the English translation of the judgement is faulty, the use of the term “anti-choice activist” by the judges brings their impartiality into question. However, the facts of the case outlined in the judgement suggest that the conduct of Polish health care personnel, anti-abortion activists, clergy and state authorities effectively guaranteed an adverse outcome.
A 14 year old girl, P. supported by her mother, S., sought an abortion for a pregnancy alleged to have been the result of a rape. While she obtained the necessary prosecutor’s certificate for the procedure, mother and daughter received contradictory information from two public hospitals in Lublin. Further, health care personnel clearly violated principles of patient confidentiality and informed consent in an effort to dissuade the girl from having an abortion. These violations included clearly coercive and manipulative tactics. P and S experienced
- the intervention of a priest and anti-abortion activists, unsolicited and unwanted,
- importuning by anti-abortion activists that included confrontations in public,
- national media attention, including a press release issued by a hospital concerning P,
- detention and six hours of questioning by the police,
- apprehension of the girl by state authorities, apparently for the express purpose of preventing the abortion,
- posting on internet by the Catholic News Agency of the girl’s travel to Gdansk for an abortion,
- the filing of criminal charges against the girl for having had unlawful sexual intercourse with a minor (i.e., the rape that resulted in pregnancy)
While the court found that objecting physicians had a legal obligation to refer patients for abortion, the source of that legal obligation was Polish law. Article 39 of Poland’s Doctor and Dentist Professions Act imposes a legal obligation of referral. The imposition is objectionable in principle, but the European Court of Human Rights can hardly be criticized for applying Polish law to Polish citizens.
American Nurses’ Association drafts policy against euthanasia and assisted sucide
The American Nurses’ Association has offered a draft policy document for public input until 8 November. The position statement opposes nurse participation in euthanasia and assisted suicide. Some of those opposed to the procedures remain concerned that the draft statement equates the provision of food and fluids with medical treatment that can be withdrawn from patients even if they are not dying. [Lifesite News]
American Academy of Family Physicians supports freedom of conscience
The American Academy of Family Physicians (AAFP) passed a resolution at a meeting in Philadelphia supporting freedom of conscience for physicians. Resolution 507 (Physician Conscience Protection Rights) was proposed by the Florida chapter as a result of concerns about freedom of conscience generated by federal health care reforms. The Congress of Delegates agreed that hysicians should be able to practise in accordance with their conscientious convictions, “without resulting in loss of licensure or significant financial penalty.” Current policy of the organization is that physicians who are “uncomfortable” providing contraception should refer patients to colleagues willing to provide “the education and/or service.” [MedPage Today]
Substitute RH bill in circulation
A new version of the controversial Reproductive Health bill is being circulated among Filipino lawmakers. The substitute bill, proposed by the sponsor of the original bill, is reported to include a number of changes responsive to concerns of the bill’s opponents. Some of the proposed changes deals with sections of the bill that could have an adverse impact on health care workers opposed to some birth control methods for reasons of conscience. The bill’s author is now prepared to remove the provision that threatens objectors with prosecution if they speak out, and to exempt denominational hospitals from a requirement to provide services that contravene their religious ethos. [Inquirer]