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MEDICAL ETHICS

Medical Ethics in Abortion


ALKA B PATIL*, PRANIL DODE, AMRUTA AHIRRAO

ABSTRACT
Abortion is one of the controversial issues discussed in medical ethics. Abortion is advocated by the persons who have
themselves been born. Abortion is a human right issue because human beings have a right to life. When does a person begin
to exist is a moral issue. By all the criteria of modern molecular biology, life is present from the moment of conception. First
step in the evolution of ethics is the solidarity with the other human being. In this article, principalisms of medical ethics
are discussed. Ethics concerning medical termination of pregnancy are analyzed. Dilemmas of aborting a malformed fetus are
explored. In the system of human rights against each other, the right to the life of the mother and the same right of the fetus.
Keywords: Medical ethics, abortion, malformed fetus, fetal rights

The vanity of sciences will not console for the ignorance of Ethics is an essential dimension of the obstetrics practice.
mortality in the time of affliction. But the science of ethics Ethics is the disciplined study of mortality. Ethical
will always console for the ignorance of the physical science. principles and virtues should be applied to all the
Blaise Pascal physicians, regardless of their personal, religious and
spiritual beliefs. Thus, medical ethics are transnational,
Obstetrics is a specialty dealing with two lives, closed transcultural and transreligious1 ethics are professional
linked, whose interests may not always coincide. standards. Ethics may be extended to professional
Abortion raises a lot of heat and dust during policy responsibility, mortality, etiquette, values and attitudes.
discussions. In some countries elections have been Ethics tends to be focused on moral goods rather than
lost on this issue. Hippocrates considered termination natural goods. Obstetricians should have their own
of pregnancy as unethical. Time have changed and professional ethical values, ethics core value and ethics
abortion has been accepted by many societies, the family values. While morality in behavior may be
health of the mother being the most important concerned with ones personal convictions and legality
consideration. Abortion is one of the most controversial the result of what the society considers acceptable,
issues in todays world. People tend to turn to the law ethicality is often decided by professional consensus.
when trying to decide what is the best possible solution Thus, there is a thin line between what is ethical and
to an unwanted pregnancy. Antagonistic relationship what is legal.2
between the woman and her unborn child may occur. Ethical issues are identified and framed through
Whether fetus in utero has rights before viability is a a naturalized bioethics approach. This approach
subject of dispute and opinion. In any case, the embryo critiques traditional bioethics and gives attention to
or fetus of any age is protected by Hippocratic code. everyday ethics and the social, economic and political
I will maintain the utmost respect for human life, from the context within which ethical problems exist. Moral
time of conception. problems of healthcare extend well-beyond the issues
that interest the media and ethical experts. Expanding
our concept of an ethical problem to include the
moral problems of everyday life strengthens the moral
imagination we need to create good obstetric care.
*Professor and Head
Resident Ethical questions about health, illness and medical care
Dept. Obstetrics and Gynecology were once considered to be best left to the judgment of
ACPM Medical College, Dhule, Maharashtra
Address for correspondence physicians. Bioethics replaced the notion that doctor
Dr Alka B Patil knows best with theoretically grounded approaches
Professor and Head
ACPM Medical College, Dhule - 424 001, Maharashtra to decision-making in medicine. In order to help
E-mail: alkabpatil@rediffmail.com resolve the dilemmas that arise in healthcare, academic

544 Indian Journal of Clinical Practice, Vol. 25, No. 6, November 2014
MEDICAL ETHICS

bioethicists have called upon a number of ethical the human fetus. It concerns the nature and attributes
theories-deontology, teleology, virtue theory, care that an entity requires to have full moral standing or
ethics, feminist ethics, to name a few but the day-to-day moral inviolability including a right to life. But what
work of bioethicists in the clinic and on research review of the human being, as it develops from newly fertilized
committees is, for the most part, guided by a method of ovum, to pre-embryo, embryo, fetus, new born baby,
ethical problem solving known as principalism.3 to unequivocally mature autonomous person with full
moral standing including a moral and legal right not to
In this much used, much-cited text the authors set forth
be killed at least.5
four principles.
Respect for: RIGHT TO LIFE
Autonomy Every human has the inherent right to life. Right to life
Beneficence is inherent in a person, a human being.
Nonmaleficence Who is a human? When does a developing embryo
Justice4 become a person. It is extremely difficult to draw a line
and say that the developing zygote or fetus become a
Autonomy person from a particular time. The fertilized ovum has
This principle acknowledges the fact that the patient within it all components needed for the growth and
has a perspective of her interest based on her values development into full person. Damages are claimed, if
and beliefs. The patient has the right to choose or an injury is caused to the fetus in the womb. It would
refuse treatment. mean that fetus is a person. Can the life of a person be
ended by procedures by others?
Autonomy in Medical Ethics
Some people have interpreted that the developing fetus
We live in the time of the triumph of autonomy in can be considered a person, when the fetus is viable and
bioethics in which the law and ethics of medicine capable of independent existence if removed from the
are dominated by one paradigm-the autonomy of milieu of the uterus. The period is progressively being
the patient. This is perhaps not surprising given reduced due to advances in medicine. Others have
that from the outset, the conceptual framework of stated that the developing embryo can be considered a
bioethics has accorded paramount status to the value- person when the brain starts developing, drawing the
complex of individualism, underscoring the principles analogy of brain death.6
of individual rights, autonomy, self-determination and This is a significant moral consideration. There is a
their legal expression in the jurisprudential notion of difference between killing or destroying something and
privacy. The patient-doctor relationship only works preventing something from coming into existence.
when each can trust the other. Preventing something coming into existence denies
a future of value, as does destruction. People tend to
Beneficence
turn to the law when trying to decide what is the best
A doctor should always have the best interest of the possible solution to an unwanted pregnancy.7
patient as the supreme consideration. Doctor should
assess objectively and meticulously all the available ABORTION IS ONE OF THE CONTROVERSIAL
diagnostic and therapeutic options and to implement ISSUES DISCUSSED IN MEDICAL ETHICS
those that protect and promote the interest of the
The opponents of abortion argue as follows:
patient by ensuring a balance of good over harm.
Fetus has to be regarded as human being
Nonmaleficence Killing an innocent human being is morally wrong
A doctor must make sure that in the first place, he does Aborting is an example of killing and terminating
no harm. a human beings life. So, being engaged in aborting
is morally wrong.
Justice If one is adamantly opposed to abortion, one
It is the fair distribution of health resources and the is committed to some set of values, which
decision of who gets what treatment is fairness and requires that women who become pregnant
equality. Central issue concerns the moral status of (whether intentionally or unintentionally)

Indian Journal of Clinical Practice, Vol. 25, No. 6, November 2014 545
MEDICAL ETHICS

must endure the process of pregnancy and some couples take recourse to this as the only method
birth, no matter how distressing, painful and risky it is of family planning and go for repeated terminations.
for them. The justification given for this is usually based This has not only moral and ethical implications for
on an abstract notion of the value of fetal life, rather the practitioner, but also gives rise to physical and
than on the ground that suffering is morally improving psychological complications for the patients.9
for the women concerned. Extreme opponents of
When the diagnosis of congenital malformation of
abortion argue that abortion is equivalent to murder
fetus is made after the legally permitted period for
and that, no matter how much women may suffer, they
the termination of a pregnancy, it becomes an ethical
cannot be allowed to kill their children.
issue.7 People tend to turn to the law when trying to
Termination of pregnancy brings out conflicts of right decide what is the positive solution to an unwanted
between two persons, the right of mother and the right pregnancy. Ethics of an abortion is required when
of child in womb. Has the mother right to have the translating fetal life into law.
child in the womb destroyed? Does that the unborn
There is no doubt that more has been learned about
child have right of life? Has the doctor right to kill
terminaton of pregnancy as a medical procedure and as
the child in the womb at the request of the mother.8
a social phenomenon during the past 30 years then at
ABORTION, EMBRYO DESTRUCTION AND THE any other time. The changes are motivated by need to:
FUTURE OF VALUE ARGUMENT Eliminate the practice of criminal abortion
Avoid the economic and other stress which the
According to the proponents of abortion, committing
birth of baby imposes on an unmarried mother
abortion is morally justified. A person is not under an
obligation to conceive children if it would be harmful to Remove unwanted pregnancy which result in
her life or stop her achieving other worthwhile things. unwanted and therefore neglected children
But in certain circumstances, when a person does not Disruption of education and employment
have better courses of action open, and has sufficient Lack of support from father
material and emotional supports, conceiving children
Desire to provide for existing children
can be the best thing that person can do. A person can
have most reason not to have a child. The reason for this Relationship problems with husband or partner
is that having an unwanted child can have a massively Young women to have child
detrimental effect on the lives of its parents. Provide an additional means for family planning
In spite of legislation of abortion for specific indications, and population control.10
there is a controversy in many countries as to whether In traditional societies, the decision to abort is often
pregnancy should be terminated at all. On the other taken not by the mother, but by the elders in the family.
hand, some womens organizations emphasize that a The mother may be forced to do something which she
women has a fundamental right to decide for herself may not want to do. In other instances, the pregnant
as to whether pregnancy should be terminated or not. woman may herself request an abortion. Sometimes,
It is understandable when a pregnancy is terminated the mother feels guilty about the termination of the life
in an unmarried girl with all precautions to avoid of the child and may have deep regret over the abortion
complications immediate and remote. But how to done. Give time for reflection over the complemented
explain the termination of the first pregnancy in action. The doctor should discuss the matter with the
married women which sometimes gives rise to uterine mother and others concerned. Calm reflection can lead
synechiae. There is also sometimes tubal blockage and to avoidance of abortion. The mother herself may want
cervical incompetence arising out of the termination. It to rear the child or may give the child for adoption.8
is felt that proper counseling by a senior gynecologist Doctors may take into account the pregnant womans
can avoid such terminations. actual or reasonably foreseeable environment, in
In the cine film shown in USA entitled the silent assessing the risk of injury to her health. The World
screen it has been demonstrated that even a 12- Health Organization (WHO) defines health as a state
week fetus feels terrible pain during the process of of complete physical, mental and social well-being that
suction evacuation. Though medical termination of does not consist only in the absence of infirmity. Royal
pregnancy (MTP) should remain a back-up service College of Obstetricians and Gynecologists (RCOG), The
along with other methods of population stabilization, Care of Women Requesting-induced Abortion, most doctors

546 Indian Journal of Clinical Practice, Vol. 25, No. 6, November 2014
MEDICAL ETHICS

apply the WHO definition of health in interpreting Downs syndrome (92%)


the Abortion Act. The RCOGs guideline development Spina bifida (64%)
group views induced abortion as a healthcare need.
Anencephaly (84%)
MTP IN ADOLESCENT Turner syndrome (72%)
Klinefelter syndrome (58%).
Proper counseling is mandatory undertaking such a
procedure: Moreover, late termination of pregnancy for fetal
abnormality is permitted on differing grounds in
Psychological trauma: Severe mental trauma may
different countries, depending on:
result in long-term mental instability and psychiatric
problems. Absolute secrecy of the whole procedure to Type of malformation
be maintained in order to get total confidence of the Gestational age at diagnosis
patient, necessary for moral boosting. MTP carried Abortion legislation
out in adolescent girl should be on compassionate
humanitarian ground. All care should be taken to The severity of structural anomalies directly correlated
ensure that their future obstetric life remains unaffected. with abortion rates of anomalous fetuses. The
prenatal ultrasound at 18-20 weeks can detect major
ABORTING A MALFORMED FETUS structural anomalies in approximately 60% of such
cases. In addition, it is recommended that ultrasound
Parents have a desire to have a child of a certain quality. examination should be repeated to assess the evolution
Bringing up the child with disability can cost money of the anomaly and attempt to detect other anomalies
and use up resources. Congenital anomalies contribute not previously identified.
a significant proportion of infant morbidity and
mortality, as well as fetal mortality. A debate regarding Once a fetal structural anomaly is identified by 2-D
aborting a malformed fetus still exists. ultrasound, the Genetics Committee of the Society
of Obstetricians and Gynecologists of Canada
A congenital anomaly is defined as an abnormality of recommends that other imaging techniques such as
structure, function or body metabolism that is present fetal echocardiography, 3-D obstetrical ultrasound,
at birth and results in physical or mental disability, or is ultrafast fetal magnetic resonance imaging (MRI)
fatal. They are generally grouped into major categories: and occasionally fetal X-ray and fetal computed
Congenital heart defects tomography (CT) scan (using a low-dose protocol)
Orofacial clefts may be helpful in specific cases. Parental blood testing
and invasive prenatal testing may also be required
Down syndrome
to clarify the diagnosis for a fetus with isolated or
Neural tube defects multiple structural anomalies. Information regarding
Several prenatal diagnostic procedures have been the abnormal ultrasound findings should be delivered
introduced: to women in a clear, sympathetic and timely fashion
zz Cytogenetic: and in a supportive environment that ensures privacy.
Chorion biopsy What we seek to justify is availability of choice to
Amniocentesis pregnant women to prevent the creation of disabled
people by aborting fetuses with abnormalities that
Funiculocentesis
would disable the people they would becomeif they
zz Biophysical: were allowed to develop into people.11
Ultrasound 2-D 3-D
Ultrasonography with Doppler. DISCUSSION

Although making the diagnosis antenatally through First step in the evolution of ethics is the solidarity with
recent advances in ultrasound and prenatal testing is the other human being. Marthin Fiscuer states, only
important; providing information to make an informed one rule in medical ethics need concern you-that action
decision of whether to continue or interrupt a pregnancy on your part which best conserves the interest of your
is quite crucial. A review of 20 studies by Al-Alaiyan et al. patient. Ethical dimensions are unique to obstetrics.
found overall termination rates following antenatal There are two interwoven patient interests, which may
diagnosis of congenital malformation, are as follows: be at odds. Abortion is an issue that overwhelmingly

Indian Journal of Clinical Practice, Vol. 25, No. 6, November 2014 547
MEDICAL ETHICS

concerns the autonomy and dignity of the pregnant


woman, herself. Until recently, the mother was the
patient to be cared for, fetus was another maternal Person-hood
organ. Many advances in diagnosis and treatment has
now established fetus as a patient have contributes to
ethical and legal considerations involving the fetus.
Abortion involves killing of a fetus. By killing a fetus is
deprived of future of value. The loss of these possible Fetus Rights
futures is bad. It makes the killing of a fetus wrong.
This is Don Marquiss arguments against abortion
which does not rest on the logical promises. Figure 1. Balance of rights of the mother and the fetus.
In the countries, when safe abortion is illegal or
unavailable, this results in self-imposed or back street often a need to balance rights against each other. The
abortion and all the ills that flow from that injury, right to the life of the mother and the same right of the
infection, infertility, wastage of female life could be fetus.
condoned in ethical terms. As Ann Furedi has said,
The issue is not so much whether or when the embryo REFERENCES
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and value we accord to a life that does not even know progress in obstetrics and gynecology. Vol. 5, The
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the life of the woman who carries it. 2. Witoonpanich P. Ethics and Rule in Obstetrics and
To compel women to bear unwanted children is a Gynecology Rule of Ethics for Obstetricians and
form of ethical despotism. In Mills words: Compelling Gynecologists. Thai J Obstet Gynaecol 2011;19:155-7.
each to live as seems good to positive rest. If people 3. Torres JM, De Vries RG. Birthing ethics: what mothers,
are to be free, that freedom must include freedom to families, childbirth educators, nurses, and physicians
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2009;18(1):12-24.
Promotion of freedom and the prevention of suffering
are fundamental goals, which society ought to support. 4. Mose JC. Aspects of ethics in obstetrics ultrasound.
Indones J Obstet Gynecol 2008;32-2:65-71.
Denying woman abortion is, leading woman to
reproductive end. 5. Gillon R. Is there a new ethics of abortion? J Med Ethics
2001;27 Suppl 2:ii5-9.
Opponents of abortion maintain that killing embryo or
6. Right to life L.M. Francis Medical ethics- Jaypee brothers
fetus is morally wrong. But it is not established that
2004 edition.
either abortion or embryo destruction is wrong all thing
7. Essential Obstetrics University Press Hyderabad S.
considered. There are other important considerations
Soundara Raghvan Ethical issues Asha Oumachigui.
that outweigh our obligation not to destroy embryo
or fetuses. In the case of embryonic stem cell research, 8. Hewson B. Reproductive autonomy and the ethics of
abortion. J Med Ethics 2001;27:ii10-ii.
the enormous potential to save peoples lives and to
improve their quality-of-life outweigh the wrong of the 9. K.M. Gun. Ethical Aspects of Medical Termination of
destruction of source of some embryos. Pregnancy. Manual of Medical Termination of Pregnancy
Biman Chakraborty, H. Dasgupta FOGSI 2nd edition by
Abortion is inherently different from other procedures Gualitas Premere, Culculta.
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termination of potential life. If the fetus is a person, then Principles of Gynaecology. 7th International Edition,
it has the rights that belong to persons, including right Jaypee Brothers p.: 824-38.
to life. The concept of person-hood, in other words is 11. Al-Alaiyan S, AlFaleh KM. Aborting a malformed fetus:
the bridge that connects the fetus with the right to life A debatable issue in Saudi Arabia. J Clin Neonatol 2012;
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548 Indian Journal of Clinical Practice, Vol. 25, No. 6, November 2014
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Every citizen of India should have the right to accessible, affordable, quality and safe heart care irrespective of his/her economical background

Sameer Malik Heart Care Foundation Fund


An Initiative of Heart Care Foundation of India
E-219, Greater Kailash, Part I, New Delhi - 110048 E-mail: heartcarefoundationfund@gmail.com Helpline Number: +91 - 9958771177

No one should die of heart disease just because he/she cannot afford it

About Sameer Malik Heart Care Foundation Fund Who is Eligible?


Sameer Malik Heart Care Foundation Fund it is an initiative of the All heart patients who need pacemakers, valve replacement, bypass
Heart Care Foundation of India created with an objective to cater to the surgery, surgery for congenital heart diseases, etc. are eligible to apply for
assistance from the Fund. The Application form can be downloaded from
heart care needs of people.
the website of the Fund. http://heartcarefoundationfund.heartcarefoundation.
Objectives org and submitted in the HCFI Fund office.
Assist heart patients belonging to economically weaker sections of Important Notes
the society in getting affordable and quality treatment. The patient must be a citizen of India with valid Voter ID Card/
Aadhaar Card/Driving License.
Raise awareness about the fundamental right of individuals to medical
treatment irrespective of their religion or economical background. The patient must be needy and underprivileged, to be assessed
by Fund Committee.
Sensitize the central and state government about the need for a National
The HCFI Fund reserves the right to accept/reject any application
Cardiovascular Disease Control Program. for financial assistance without assigning any reasons thereof.
Encourage and involve key stakeholders such as other NGOs, private The review of applications may take 4-6 weeks.
institutions and individual to help reduce the number of deaths due
All applications are judged on merit by a Medical Advisory Board
to heart disease in the country. who meet every Tuesday and decide on the acceptance/rejection
To promote heart care research in India. of applications.
The HCFI Fund is not responsible for failure of treatment/death
To promote and train hands-only CPR.
of patient during or after the treatment has been rendered to the
Activities of the Fund patient at designated hospitals.
Financial Assistance The HCFI Fund reserves the right to advise/direct the beneficiary
to the designated hospital for the treatment.
Financial assistance is given to eligible non emergent heart patients. The financial assistance granted will be given directly to the
Apart from its own resources, the fund raises money through donations, treating hospital/medical center.
aid from individuals, organizations, professional bodies, associations The HCFI Fund has the right to print/publish/webcast/web post
details of the patient including photos, and other details. (Under
and other philanthropic organizations, etc.
taking needs to be given to the HCFI Fund to publish the medical
details so that more people can be benefitted).
After the sanction of grant, the fund members facilitate the patient in
getting his/her heart intervention done at state of art heart hospitals in The HCFI Fund does not provide assistance for any emergent heart
interventions.
Delhi NCR like Medanta The Medicity, National Heart Institute, All
India Institute of Medical Sciences (AIIMS), RML Hospital, GB Pant
Check List of Documents to be Submitted with Application Form
Hospital, Jaipur Golden Hospital, etc. The money is transferred Passport size photo of the patient and the family
directly to the concerned hospital where surgery is to be done. A copy of medical records
Identity proof with proof of residence
Drug Subsidy
Income proof (preferably given by SDM)
The HCFI Fund has tied up with Helpline Pharmacy in Delhi to facilitate BPL Card (If Card holder)
patients with medicines at highly discounted rates (up to 50%) post surgery. Details of financial assistance taken/applied from other sources (Prime
Ministers Relief Fund, National Illness Assistance Fund Ministry of
The HCFI Fund has also tied up for providing up to 50% discount Health Govt of India, Rotary Relief Fund, Delhi Arogya Kosh, Delhi
on imaging (CT, MR, CT angiography, etc.) Arogya Nidhi), etc., if anyone.

Free Diagnostic Facility Free Education and Employment Facility


The Fund has installed the latest State-of-the-Art 3 D Color Doppler EPIQ HCFI has tied up with a leading educational institution and an export house in
7C Philips at E 219, Greater Kailash, Part 1, New Delhi. Delhi NCR to adopt and to provide free education and employment opportunities
This machine is used to screen children and adult patients for any heart disease. to needy heart patients post surgery. Girls and women will be preferred.

Laboratory Subsidy
HCFI has also tied up with leading laboratories in Delhi to give up to 50% discounts on all pathological lab tests.
Help Us to Save Lives About Heart Care Foundation of India
Heart Care Foundation of India was founded in 1986 as a National
Charitable Trust with the basic objective of creating awareness about
The Foundation all aspects of health for people from all walks of life incorporating all
seeks support, pathies using low-cost infotainment modules under one roof.
donations and
HCFI is the only NGO in the country on whose community-based
contributions from individuals, organizations health awareness events, the Government of India has released two
and establishments both private and governmental commemorative national stamps (Rs 1 in 1991 on Run For The Heart
in its endeavor to reduce the number of deaths and Rs 6.50 in 1993 on Heart Care Festival- First Perfect Health
due to heart disease in the country. All donations Mela). In February 2012, Government of Rajasthan also released one
made towards the Heart Care Foundation Fund are Cancellation stamp for organizing the first mega health camp at Ajmer.
exempted from tax under Section 80 G of the IT Act Objectives
(1961) within India. The Fund is also eligible for
overseas donations under FCRA Registration Preventive Health Care Education
(Reg. No 231650979). The objectives and Perfect Health Mela
activities of the trust are charitable Providing Financial Support for Heart Care Interventions
within the meaning of 2 (15) Reversal of Sudden Cardiac Death Through CPR-10 Training Workshops
of the IT Act 1961. Research in Heart Care

Donate Now...

Heart Care Foundation Blood Donation Camps


The Heart Care Foundation organizes regular blood donation camps. The blood collected is used for patients undergoing heart
surgeries in various institutions across Delhi.

Committee Members

Chief Patron President


Raghu Kataria Dr KK Aggarwal
Entrepreneur Padma Shri, Dr BC Roy National & DST National Science
Communication Awardee

Governing Council Members Executive Council Members


Sumi Malik Deep Malik
Vivek Kumar Geeta Anand
Karna Chopra Dr Uday Kakroo
Dr Veena Aggarwal
Harish Malik
Veena Jaju
Aarti Upadhyay
Naina Aggarwal
Nilesh Aggarwal Raj Kumar Daga
H M Bangur Shalin Kataria This Fund is dedicated to the memory of
Sameer Malik who was an unfortunate victim of
Advisors Anisha Kataria
sudden cardiac death at a young age.
Mukul Rohtagi Vishnu Sureka
Ashok Chakradhar Rishab Soni

HCFI has associated with Shree Cement Ltd. for newspaper and outdoor publicity campaign
HCFI also provides Free ambulance services for adopted heart patients
HCFI has also tied up with Manav Ashray to provide free/highly subsidized accommodation to heart patients & their families visiting
Delhi for treatment.

http://heartcarefoundationfund.heartcarefoundation.org

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