Regardless of whether it is right or not, the law should be clear, particularly for the sake of emergency situations.
It seems indeed to be the main issue in this case, as practitioners describe it here in comments:
thejournal.ie/savita-death-abortion-x-case-ireland-673744-Nov2012/
Diarmuid Brennan:
I can’t understand the doctors on this one, the woman was having a miscarriage the baby was never going to survive, yet they hadn’t the balls to do the right thing! Costs in the loss of both lives! There needs to be accountability!!
Reply from James Connolly:
Being a nurse of anaesthesiology in a maternity hospital I can tell you your opinion is misinformed. When this lady turned up in hospital she was experiencing back pain, leaking of amniotic fluid and bleeding. These are signs that a miscarriage is about to take or is taking or has taken place. From start to end of miscarriage varies greatly from case to case. When this lady presented she was having a standard miscarriage, the signs were that she would terminate the pregnancy naturally, which is what is done normally. This, along with the presence of foetal heartbeat means you cannot artificially terminate pregnancy in Ireland. By the time artificial termination would have been legal, this lady was already severely ill, and as was demonstrated, even with the artificial termination of pregnancy, she still passed away. We, as clinicians, doctors, midwives, medics need laws, not guidelines.
James Connolly:
Just to provide a background to the medics action in respect of providing pain management: As there would appear to have been a foetal heartbeat present the foetus was still viable (horrible word — apologies). The foetus remains viable until essentially a heartbeat is no longer present. As such, medics have to treat the mother as though a healthy foetus is going to be given birth to, resulting in reduced pain management, reduced strength of pain management leading to reduced efficiency of said pain management. That along with the fact that pain arising from miscarriage is something monumentally painful for any woman who has experienced such a thing.
And moreover:
thejournal.ie/savita-youth-defence-abortion-674078-Nov2012/
James Connolly:
Had she turned up to a hospital in a state whereby abortion were legally available with the symptoms she was showing (bleeding, amniotic fluid leaking, sore back), she would have been offered termination upon presentation at that hospital. Had she refused such a procedure which is her right she would have had termintation of the pregnancy recommended a period of time later, had the miscarriage still not carried through. Had she refused this, which is still her right, emergency termination of the pregnancy would have taken place thereafter, upon the delayed passing of the foetus. In this case had she waited until it was an emergency to terminate the pregnancy, she would already have been septic, her organs would already have been going into shut down, and any intervention as a result of the delayed termination of the pregnancy would most likely have still resulted in the death of both mother and baby.
In Ireland, it is illegal to offer termination of pregancy as a standard procedure. It is also illegal to offer abortion as a semi-elective procedure. You cannot under any circumstances carry out a termination of pregnancy until it is a fully blown emergency. In the case of miscarriage, waiting until the situation is emergent, rather than elective/semielective, is dangerous, and as is now seen, fatal to the mother.
Reply from Rusty Balls:
James, I discussed this earlier today with a relative who works in the medical profession, she basically said everything you just did. She told me that when she worked in a major maternity hospital she saw this exact situation happen quite often, where an expectant mother would have a miscarriage over a period of days and develop septicemia. She described how they could do nothing once there was a foetal heartbeat except try to make the patient as comfortable as possible and treat the septicemia with antibiotics. She said for all the times she saw this happen, all the patients survived. She maintained that, despite what Senator Ronan Mullen says see the article - he says that the doctors should have induced delivery ], no doctor is ever going to cross any legal boundaries in this area and risk their career and possibly a criminal prosecution.