The results as regards the children were almost the same in the two

series, and perhaps a little better in the latter series. In the first

series the 37 children were alive at delivery: the length of time in

which three of these children lived is not given; three more were

alive but they did not breathe; the others lived from a few seconds to

days, weeks, months or years. One was well at six months, another at

one year, another at seven and a half years, another in its fourteenth

year, another in its fifteenth year. In the second series the results

as regards the children were, as has been said, almost the same. The

40 cases that were reported from 1889 to 1896 are the standard for

this phase of ectopic gestation, because they come under the diagnosis

and treatment of the present day. They represent closely all such

cases that occurred in the entire world between 1889 and 1896, because

physicians report these operations to medical societies, and active

physicians are almost without exception members of such

societies--outside the civilised world these operations do not take

place. In the seven years there were annually less than six cases of

coeliotomy for ectopic gestation at term in the world, therefore

operations at term may be neglected in discussing Case II., and the

argument may be confined to the ordinary cases of expectant treatment.

Schrenck in 1892 collected 610 cases of ectopic gestation which had

been reported between 1887 and 1892; during the same time there were

23 cases (less than 4 per centum) of operations for the delivery of

viable foetuses.

If the physician that has made the diagnosis in this Case II. leaves

the patient, she may have a fatal hemorrhage at any moment. Dr. Howard

Kelly reports (_Operative Gynaecology_, vol. ii. p. 438) a fatal

hemorrhage in two days from rupture where the foetus was only as large

as a Lima bean. The hemorrhage may be so suddenly fatal that the woman

drops {31} to the floor unconscious just as if she had been shot. Dr.

Harris (_International Cyclop. of Surgery_, vol. vi. p. 784) tells of

a case where three of the best obstetricians in Philadelphia met in

consultation daily for 16 days expectantly watching development, but

the woman died from hemorrhage in thirty minutes before any of these

physicians could be called to her aid. Death may be brought about by

anaemia after repeated hemorrhages. Some hemorrhages can be mistaken

for colic by the physician, and this error will defer until too late

the treatment for hemorrhage.

If the woman is living in a hospital where there is a resident surgeon

with instruments ready, she has a better chance than if she is in her

own house. Even if she has a surgeon within call the outcome of the

case for her will depend largely on his skill, his presence of mind,

the preparedness of his instruments, the general condition of the

patient, and many other circumstances.

The instruments, ligatures, gauzes, solutions, dressing, etc., for

coeliotomy are multitudinous, and all must be sterile, or the woman

will be killed by septicaemia even if the hemorrhage is stopped. It is

almost impossible to keep a set of instruments and the other things

used in a coeliotomy always sterile and ready for instant use.

The skin surface of the patient's abdomen must be sterilised, or pus

infection will get into the peritoneum through the wound. In all

ordinary coeliotomies this surface is carefully sterilised by a long

process the night before the operation, a protective dressing is put

on, and the sterilisation is repeated the next day just before the

operation. This is so important that its voluntary omission is

malpractice. In the hurried operation for tubal rupture there would be

no time for sterilisation of the abdominal skin surface, and probably

no time to sterilise the instruments and other things used, especially

the surgeon's hands.

The surgeon to do any coeliotomy needs assistant physicians--one to

anaesthetise the patient, and at the least one other to work with him

in the operation. He should have three or four physicians and one or

two nurses. He can not do a coeliotomy alone. Hence the patient in a

ruptured {32} extrauterine pregnancy must have at the very least two

physicians within call.

The woman, then, in Case II. before operation has one chance in three

of life if no operation is done until the child is viable, and if she

remains alive till the child is viable (when she must be operated

upon) her chances for life will be no better, judging from modern

statistics.

At any moment, therefore, she is in actual peril of death by two

chances in three, and probably more if all special circumstances are

considered. The foetus is a materially unjust aggressor in this case

before rupture or other similar mishap, as it was in Case I., but not

to the same extent. In Case II. it is a materially unjust aggressor as

two is to three; in Case I. it is a materially unjust aggressor as

three is to three.

If a lunatic is just about to fire three cartridges at me, I may know

the chances are only two in three, or even only one in three, that he

will hit me fatally, nevertheless I may licitly kill him to stop the

firing and save my life. The mother in Case II. is in exactly similar

danger of life.

The objection that the danger to my life from the action of the

lunatic exists _hic et nunc_ and that the danger to the mother's life

does not threaten _hic et nunc_, is not of any weight. She is in

actual danger _hic et nunc_, even while the surgeon is in the room

examining her. Moreover, the matter of time here is accidental. If you

give a man a poison that may kill him in ten hours, or one that may

kill him in ten days, the action is essentially the same.

I am of the opinion that if this second case were proposed to moral

theologians many of them would decide that the surgeon should explain

the case fully to the patient or her family, and if immediate

operation were insisted upon he should withdraw from the case.

Nevertheless, as far as I can see, he has sound probabilism on the

side that operation is justifiable.

But, it may be objected, in Case I. the surgeon ligated the uterine

and ovarian arteries to stop an actual hemorrhage, and he permitted

the death of the foetus; in Case II. there is no hemorrhage yet, there

may possibly be none at all. I answer {33} that in Case II. if he

operates he ties the two arteries to forestall an imminent hemorrhage

which might begin within the next hour if it were not securely shut

off, and to forestall sepsis by leisurely and proper precautions, and

exactly as in the first case he permits the death of the foetus, he

indirectly kills an unjust aggressor. If the lunatic is aiming at me I

do not have to wait until he begins firing to licitly shoot at him.

The sooner I shoot, _servato moderamine inculpatae tutelae_, the more

prudent my action.

To put it in another form--in Case II. the surgeon is standing before

a dam (the stretched Fallopian tube) that is threatening to break at

any moment and cause death to a woman below it, because there is a

lunatic (the foetus) behind it tearing away the masonry. If the

surgeon shunts off the water just above the dam (the ligation of the

arteries), he will suddenly let the lunatic who is tearing away the

masonry fall down to the rocks at the bottom of the dam and be killed.

May he let the lunatic fall? Certainly he may. But perhaps the lunatic

will not succeed in tearing away the masonry. He is well provided with

tools to do so; the chances are even two in three that he will

succeed. Is he or the woman to be given the benefit of the doubt? The

woman, by all means; she has a doubt worth in juridic value at the

least twice as much as that which the lunatic has.

In any case of ectopic gestation the foetus has a very faint chance

indeed of even living long enough for baptism if the expectant

treatment is employed. We have seen that between November 1809 and

November 1896 there were reported 77 cases of operation for the

delivery of viable foetuses. Eleven of these children survived, 67

died within a few months, and many of these died just after delivery.

Still, probably all might have been baptised. Judging, however, from

the geographical distribution of the cases (see Kelly's _Operative

Gynaecology_, vol. ii. p. 458) and the names of the operators, only

about 14 of these children received baptism.

Now, since Schrenck found 610 ectopic gestations reported in five

years, this indicates that the average number of cases of ectopic

gestation which occur in the civilised world is at the least 122 a

year, for many more (twice as many, at the lowest {34} estimate) are

not diagnosed or not reported when diagnosed. In the 80 years, then,

between 1809 and 1896 there were at the least 9760 cases of ectopic

gestation in the civilised world; in the uncivilised countries there

were certainly as many more with not a child saved, or even brought

out of the pelvic cavity. To be sure, by rejecting perhaps a third of

the cases through bad diagnoses and neglect of reports, there were

20,000 cases; and in all these hardly 20 children baptised--one in a

thousand.

Modern surgical methods and improved diagnosis will do little to

better the condition, from the nature of the disease. Between 1893 and

1896 there were 21 cases of operation for the delivery of viable

foetuses reported, and this list is approximately correct, because the

surgeons that operate on such material are men that as a rule report

their work even when it is to their discredit. In these 21 cases, 6

mothers, 28 per centum died, 72 per centum recovered. Even if modern

surgery should save all the mothers who had escaped until the foetus

was viable, and should bring all the children to baptism, there would

not be more than about 7 such cases in the world annually. Increased

skill in diagnosis would raise the number of children brought to

baptism, but it would more than proportionately raise the whole number

of ectopic gestations discovered. If 10 foetuses were brought from the

pelvic cavity alive in the 130 cases of ectopic gestation of the year,

the chances for an extrauterine foetus to only reach baptism at a

viable age (not to live after baptism) are only 7 in 100 at a most

liberal estimate. Statistics are unreliable, of course, but I am

giving odds of two to one. The foetus has a much better chance for

baptism if the coeliotomy is done as early in the pregnancy as

possible, but it has a negligible chance of life in any case. Since

the creation of man there have been less than 15 extrauterine children

saved, and of these 15 four were less than a year old when reported,

and three under five years of age: the oldest was fifteen years of

age, and all were weaklings.

The practical rule, then, is that the ectopic foetus will die anyhow,

and operation only _indirectly_ (mark the word) accelerates the

inevitable death of a materially unjust aggressor, {35} while it gives

the mother the best chance for her life, which is in very grave peril.

Case III. The surgeon before operation diagnoses with the help of

consultors extrauterine pregnancy, but he or they can not tell whether

the foetus is alive or not. What should he do?

In my opinion he may operate with much more solid probability than

that which exists in Case II. If the argument is more for the death of

the foetus than for its life, this, of course, strengthens the

permissibility of the operation.

(1) The danger to the mother is exactly the same,_caeteris paribus_,

as in Case II.; (2) the foetus is only probably alive. An actual

danger to life is opposed to the probable life of a materially unjust

aggressor; therefore the surgeon may probably operate at once.

Probable here is used in the technical sense of the term.

Case IV. The following case is given because a similar one was

proposed in the articles in the _American Ecclesiastical Review_, but

it is not a practical case.

The surgeon, after consultation, does not know whether the growth in a

woman's pelvis is a malignant tumour or a sac containing an

extrauterine foetus. If the growth is a malignant tumour, the woman is

in actual and certain danger of life, her death is a mere matter of

time if a malignant tumour is not removed, and the sooner the tumour

is removed the better. If operation is deferred, metastases of the

tumour will have occurred, and operation will be too late. The

indication when we find a malignant tumour is, if it is not already

too late to operate, to take it out at once.

If the surgeon thinks that the growth may possibly be a foetus, and he

puts off the operation until a time when certain signs of pregnancy

should be present to establish a diagnosis of gestation, or their lack

to establish a diagnosis of tumour, it would almost surely be too late

to operate in the event the growth turned out to be a malignant

tumour.

As has been said, the case is not practical, because malignant tumours

of the tube are so very rare that they are not to be looked for,--only

one or two have been observed. {36} Malignant tumours about the tube

should be diagnosed. Supposing, however, the case to stand, it offers

in favour of operation a probabilism stronger than that in any case

except Case I., because the mother's danger is graver, and the

argument concerning the foetus is the same as that in Case III.

Case V. Suppose a doubtful case like Case III. or Case IV., but after

the surgeon has opened the abdomen he finds a foetus evidently alive.

This is an improbable but a possible case. Case V. then becomes like

Case II. with the addition of another grave danger to the lives of

both the mother and the foetus, which is the coeliotomy already

performed. The suggestion that the surgeon can leave the woman, back

out of the case, is absurd. If he closes the abdomen, the coeliotomy

may cause tubal abortion, the wound might have to be opened again in a

few hours or a few days, and the mother would be left in much greater

peril than she was in Case II. For the reasons already given, he

should go on with the operation.

Case VI. Suppose a case like Case V. in every particular except that

when the surgeon finds the foetus he can not tell whether it is alive

or not. He should,_ a fortiori_, finish the operation.

Case VII. A case of ectopic gestation is diagnosed, the conditions are

explained to the woman, and she refuses to be operated upon. Is she

justified? The probability is one to two that she will escape death if

she waits, and much less than one to two if she finally refuses

operation. The moralists would tell her she may refuse operation.

Case VIII. Let us suppose a case where a Fallopian tube either has its

lumen so narrowed by a gonorrhoeal inflammation that although the

spermatozoa may pass through and fecundate the ovum this fecundated

ovum can not get out to the uterus; or, secondly, that the gonorrhoeal

infection has completely shut the tube, yet migratory fecundation has

occurred through the route of the other tube and the passage along the

fundus of the uterus to the ovary of the infected side. In either case

an ectopic gestation begins.

The first case is improbable from a medical point of view, {37} and

the second is barely possible. Gonorrhoeal infection of the tubes is

common enough, but when it occurs it usually shuts the tube up

permanently. In chronic salpingitis at times the ovarian end of the

tube is not wholly closed at once, and since the body of the ovary is

very rarely affected by gonorrhoea, there is a possibility worth

considering of a tubal pregnancy through migration to occur.

In such a condition the woman might have been infected with

gonorrhoea, first, before her marriage through fornication or

accident; second, after her marriage through adultery or accident;

third, after the marriage by her husband.

If she had been infected through fornication or adultery, she is

accountable for the foreseen consequences of her sin, and she has put

an impediment for which she is responsible before the embryo. Suppose

the physician knows these facts. Then the excuse for indirectly

hastening the death of the foetus does not, at first sight, seem to

exist, because the foetus is apparently not a materially unjust

aggressor. It could easily happen that a surgeon's refusal to operate

in a case like this would cause the death of the mother and foetus.

Should he let both perish? Is he to let the mother die for the sake of

staving off for a half-hour the certain death of a useless embryo the

size of a pigeon's egg? It is not a useless embryo the size of a

pigeon's egg, but a human being, the most important thing on earth,

and a human being shut off from life and baptism as a direct

consequence of that woman's brutal sensuality. But the woman may be

the mother of other helpless children. What is to be done? Let us

recur to the example of the homicidal maniac.

If I accidently by a blow make a man insane and that insane man

afterward tries to kill me, I or my protector may permit his death to

save my life. If I maliciously make a man insane and he afterward

tries to kill me, may I or my protector kill him in my defence? Some

may say that I may not because I have lost all juridic superiority

over the madman as a consequence of my sin against him. That position,

however, does not seem to be correct.

If it is correct, parity makes the assertion true that the foetus in

the case supposed above may not be indirectly {38} killed to save the

mother. If it is not true, the foetus may be indirectly destroyed.

Does my sin against the insane man give him a right to kill me? By no

means. Nothing but defence of life or its equivalent gives any private

individual the right to kill another. The man might kill me before

this aggression of mine, in defence of his sanity, but after the fact

such a killing would be mere revenge, or an _actus hominis_, not a

right.

The woman, we suppose, has maliciously put the foetus in its position

of material aggressor, but has the foetus the right to kill her? No;

the foetus is an individual not acting in self-defence, it is merely

growing. Has the woman or the surgeon, her protector, the right to

permit the death of the foetus to defend the woman's life? I think

they have, because the foetus here also is, from its unnatural

position, a materially unjust aggressor.

But, you say, this is a vicious circle. You justify the permitted

death of the foetus in Case I. because it is a materially unjust

aggressor, and it is a materially unjust aggressor because it is in an

unnatural position where it has no right to be; but in the present

case the mother put it in the unnatural position, and it therefore has

a right to be where it is. No: the consequence does not follow. The

fact that the mother put the foetus in its unnatural position does not

give the foetus a _right_ to be in that position, although it

constitutes a ground for her punishment by proper authority. You

object again, if this woman has a right to permit the death of the

foetus to save her own life, how may she be punished for that death?

She will not be punished for the actual coeliotomy which indirectly

caused the death of the foetus, but she will be punished for the sin

of putting that child in a position in which it had to be killed. This

seems to be a distinction without a difference. As far as the mother

is concerned, _transeat _; but it is a real distinction as far as the

surgeon is concerned.

If the woman's condition is a result of accidental infection before or

after marriage, the case goes into the class of those discussed above,

and operation is justifiable.

If her infection comes after her marriage adulterously, her {39} sin

is the greater, but the operation is justifiable for the reasons which

were given in the case of culpable infection before marriage.

If she had been infected by her husband, the operation is

justifiable--the father is accountable for the foetus's death.

Fortunately the entire case is so nearly hypothetical that it is

little more than mere words.

AUSTIN OMALLEY.

{40}

II

PELVIC TUMOURS IN PREGNANCY

Tumours of the uterus and its adnexa at times, though rarely,

complicate pregnancy, and they may involve certain moral questions

that have been little discussed. The tumours that cause difficulty are

ovarian and uterine.

Cystic ovarian tumours commonly do not prevent impregnation, if there

has been an absence of inflammation. When these cysts are small they

may not disturb pregnancy or delivery; large cysts can, however,

become a source of danger. They may sink into the pelvis and block the

channel of delivery needed by the child at term; they may have their

pedicles twisted, and thus become gangrenous and septic. Big cysts of

the ovary may during the growth of the pregnant uterus press upon the

portal vein, or the diaphragm, or they may burst or cause sepsis.

Litzman, in 56 cases of ovarian tumours complicating pregnancy, had

only 10 normal deliveries; and Remy held that 23 per centum of these

cases, when left untouched, result in death to the mothers. Stratz

says the mortality is 32 per centum, and it has gone as high as 40 per

centum. Some physicians teach that any ovarian cyst found complicating

pregnancy should be removed surgically. Other authorities hold that

they should all be treated expectantly: if they threaten the life of

the mother, they should be tapped by a trocar through the belly-wall

or the vagina, and removed only after labour. This second operation is

safe, and I think it should prevail.

Such cysts have often been removed during pregnancy. Orgler reported

146 ovariotomies (removal of the ovaries) performed during gestation

with only four maternal deaths--2.7 per centum. If the operation had

not been performed {41} about 32 per centum of these women would have

died. The chance against saving the child in such an operation is the

crux. If there is no operation 17 per centum of the cases result in

abortion and the loss of the child, as Remy found from a consideration

of 321 cases. In Orgler's series of 146 ovariotomies, where he lost

only 2.7 per centum of the mothers, and saved about 30 per centum that

would have died (97 per centum in all); he lost 32 children through

abortion caused by the ovariotomies, or 22.5 per centum; whereas by

the expectant method (without tapping) only 17 per centum of the

children were lost.

Bovee of Washington, however, reported 38 cases of removal of the

ovaries during pregnancy with one maternal death and only four

abortions, or 12.6 per centum. That is considerably less than the loss

by the expectant method without tapping. As Bovee succeeded, other men

now do, but it would be far better to attempt tapping first. The

earlier in the pregnancy either tapping or removal is done the better.

Fibroid tumours of the uterus, complicating pregnancy, occur in about

0.6 per centum of pregnancies, and they usually go on without causing

trouble; but again these tumours may block the pelvic outlet, they may

dangerously press upon abdominal viscera and the diaphragm; some

writers hold they may become inflamed and degenerate with sloughing

and gangrene, and thus bring about sepsis and death to the mother and

child. That they become gangrenous must very rarely happen; the

increased blood supply should prevent gangrene, but cause an increase

in the size of the fibroma.

A group of gynaecologists maintain that when fibromata cause dangerous

symptoms in pregnancy the uterus should be taken out in part or wholly

if the tumour is so deeply involved in the uterine wall that it can

not be separated. This operation, of course, kills the foetus. At

times the child is viable, and a precedent caesarean section will save

it. Surgeons do not remove fibromata merely as a precaution, as they

sometimes do in the case of ovarian cysts. Other surgeons say it is

safe to wait. If the channel of delivery is blocked, these men wait

till term and then do caesarean {42} section; in other cases the

tumour will often be lifted up out of the way during the later stages

of gestation or labour.

In those very rare cases where it is necessary to remove the uterus

wholly or in part before the child is viable, and thereby also to kill

the foetus, the operation at first glance seems in no wise to differ

in nature from a craniotomy upon a living child. The condition,

however, is commonly worse than one in which a craniotomy is

indicated, because in the latter condition we have a viable child, and

the caesarean section to solve the difficulty, but in the former we

have a child not viable, and therefore the caesarean section would be

useless, except for the opportunity it might give for baptism of the

child. In such a case must the surgeon let the mother die lest he

hasten the death of a non-viable child?

The action reduces to this, that the surgeon by operating would permit

a hastening of the inevitable death of the foetus while saving the

mother's life, but the child is not an unjust aggressor, not even a

materially unjust aggressor. It has a right to be where it is. The

only excuse for hastening its death is to save the mother's

life,--there is no question of self-defence; but deliberately to

hasten the death of a human being a second of time, except it be done

by an individual in self-defence against an unjust aggressor, or by

the state for legitimate cause, is murder. It seems probable, however,

that there is something to be said in favour of the unavoidable

hysterectomy (removal of the womb) in a pregnancy complicated with

uterine fibromata that undoubtedly endanger life.

Essays In Pastoral Medicine · 第 3 / 31 段