2. Puncture of the membranes, and evacuation of their fluid contents.

3. Dilatation of the os, and separation of the membranes from the uterine

walls

By sponge tents;

the introduction of instruments;

or the injection of fluids.

The first of these modes, in all of its applications, is extremely

uncertain in effect.

The second, though that usually attempted, is of real avail only

toward the close of pregnancy, and is even then decidedly inferior to

the last of the methods proposed; at an earlier period it is probably

unjustifiable. In thirteen cases reported by Lever and Oldham,[153] where

labor was prematurely induced by puncturing the membranes, only four of

the children were born living, and in all these the presentation was by

the vertex. It has been shown that malpositions are much more frequent in

earlier than later pregnancy, and from evident causes, the comparative

absence and weakness of the fœtal movements which govern its position

in utero, and the want of correspondence in form between itself and the

containing organ. Of the nine cases reported where the fœtus was dead,

five presented by the vertex, and were therefore probably alive at the

commencement of labor, as after death previous to labor, malposition very

generally occurs, except there be deficiency of the liquor amnii or the

pregnancy have advanced to near its close.

Again, it appears from the same statistics, which as offered for another

purpose are the more to be depended upon, that in the successful

cases, where the child was born living, the length of time after the

operation and before the occurrence of pains, almost doubled that in

the unsuccessful cases, where the child was lost; the sum of the hours

in the four successful cases exceeding the sum in the nine unsuccessful

ones. That is to say, in the one class of cases time was allowed for a

certain amount of dilatation of the os and cervix and for some degree

of detachment of the membranes, an approach, however slight, to the

characters of normal labor; and in the other cases the labor was brought

on at once, without either of the above processes having commenced, and

when both uterus and its contents were totally unprepared. Had the times,

moreover, from the commencement of labor to its close, been given in the

two classes of cases, it would probably have been found that the relative

proportions were reversed; that the sum of the hours in the unsuccessful

cases exceeded that in the successful cases, as would be in strict

accordance with the results to the fœtus.

In premature labor, as in that at the full period, the bag of waters is

required to be preserved until it has fulfilled its purpose, on the one

hand, of a fluid wedge, and on the other, of protection to the child from

violence till it has fairly entered the pelvic brim. Puncture is also

attended with the danger of directly wounding the uterine tissues.

The last of the methods referred to, dilatation and detachment, combined

to a certain extent as they must necessarily be, is in close imitation of

the processes observed in natural labor, and is recommended alike by its

safety to mother and child, its certainty, and the ease both to physician

and patient with which it may be effected.[154]

* * * * *

From the above remarks it is evident that the profession need to exercise

great caution lest they directly, though unintentionally, become the

abettors of criminal abortion. But this liability is not confined to

the instances already mentioned, where abortion has been intentionally

induced. Nor is the matter in question one affecting merely the public

health and morals, like prostitution or syphilization. It is a liability

directly to increase the unjustifiable destruction of human life, and its

existence cannot be too strongly impressed upon our minds and guarded

against.

So true is this, that two of the French obstetricians, Moreau and Bégin,

have not hesitated to express their fears, and not on religious grounds

alone; the latter, with Tardieu, giving it as his conviction, that every

physician should make a legal declaration of the act to the public

prosecutor, immediately on inducing premature labor, even if the period

of viability has been reached by the fœtus. The subject has also been

discussed by the French Academy of Medicine;[155] and in Great Britain

it has been referred to by Radford, in whose opinion an enactment is

necessary, “entirely prohibiting obstetric abortion (before the period

of viability), as the door for evil purposes is already too open, and

would be still more so, if it was legally decided that where performed on

supposed obstetric grounds, no inquiry should be made.”[156]

Whenever an abortion is induced by a physician, even if accidentally, it

is liable to be thought intentional by the patient and her friends, and

consequently by the community, so far as it becomes aware of the fact.

Instances of this are within the writer’s knowledge.

Accidental abortions, caused by a physician, may be from two causes:

error or insufficient care in diagnosis, or the absence of all likelihood

of the existence of pregnancy. When cases are reported in apparent

innocence of fault, and by eminent practitioners, of the pregnant

uterus having been tapped for ovarian dropsy; of craniotomy having been

attempted upon an infant’s fundament instead of its skull, and of the

same operation in another instance undertaken upon the promontory of

the mother’s sacrum, it cannot be alleged, I care not by whom, that

this caution is unnecessary or these fears unfounded. The writer will

state a few cases that have happened under his own observation. He has

twice known abortion to be accidentally occasioned by the use of sponge

tents;[157] the patients being near the close of their menstrual lives,

and neither themselves nor the physicians in attendance supposing that

the contents of the enlarged uterus could be fœtal; in one of these cases

the woman had never before been pregnant, and in the other not for many

years. He has twice known the introduction of an intra-uterine pessary

to be followed by abortion; in neither case was there any probability

of the existence of pregnancy, save in the fact that the patients were

married. He has known abortion to be produced by the application of lunar

caustic to the os, in a case where, from the character of the operator,

no suspicion could be entertained of the uterus having been more deeply

tampered with.

In cases like these, the practitioner would seem to render himself

liable to the charge of malpractice, even though by the improbability of

malicious intent he escaped that of criminal abortion. In all instances

where there exists the slightest suspicion or possibility even of

pregnancy, the only rule for operative interference must be, unless

circumstances imperatively prevent, to wait the few months or weeks

necessary to establish the diagnosis. Justice to the profession and to

the risk of error demand that where such precaution is not had, it should

be replaced by a consultation, which would at once dispel any suspicion

of carelessness or malpractice, and prevent a criminal charge.

All that we have said regarding surgical obstetrics, applies as forcibly

to its medicinal procedures. Though draughts and potions of every kind

are, as we have remarked, of doubtful or indirect efficacy for inducing

abortion, yet with some of them instances of its occurrence do at times

result. In supposed obstructive amenorrhœa, unless of several months

standing, and in early pregnancy where established, the physician who

does not intend it, must take care lest accidentally or carelessly, by

purging, vomiting or over-bleeding, he produce a miscarriage.

* * * * *

But there is still another point in this connection we must not pass

over. We state it in the following inquiries, received from one of the

most eminent practitioners of the Eastern States, and put to us in all

sincerity.

“Are there not cases where a physician would be justified in suggesting a

course such as he would use in amenorrhœa, even where he might _suspect_,

but not _know_, the existence of pregnancy? Suppose a mother of several

children, which she has had in rapid succession, and the physician feels

assured that health, and possibly life, will be endangered if another

pregnancy occurs; would he be criminal if he were to use common means for

amenorrhœa if the menses have been absent six weeks? Are the cases always

so plain that a man can decide, and may he not balance a choice of evils?”

Covering as these questions do, much of the ground already gone over,

we may answer them at once, and decidedly in the negative. They

apply more especially to the early months of pregnancy, where it is

always impossible to know its existence; and were direct or probable

emmenagogues, or instrumental interference, to be here allowed, criminal

abortion might be always induced before quickening, sanctioned and

permitted by the rules of medicine. To justify abortion, life must

certainly or very probably be endangered, not possibly merely, which is

true in every pregnancy, and might be alleged at every trial for the

crime.

Hufeland advised, as a “golden rule,” always to suppose the existence of

impregnation in such cases, and to act accordingly; that is, to temporize

long enough for the fœtus, if present, to make its sign. “Thereby,”

he says, “the physician will avoid much mischief, and preserve his

conscience as well as his reputation.”[158]

The ideas on this subject held by my friend, are without doubt widely

entertained by the profession. This paper will have served a good purpose

and have saved many fœtal lives, if it do no more than carry conviction

of the error and its likelihood to indefinitely extend the crime.

* * * * *

Again, it is undoubtedly the case that in all cases of maternal death

during pregnancy, where the fœtus has arrived at the period of viability,

its immediate extraction by the Cæsarean section should be effected.

We have already referred to this subject, and Kergaradec, who has well

written upon it, lays down the maxim that the operation should always be

performed, even in the fifth month of pregnancy.[159] In some cases,

of placenta prævia, for instance, where the chances are always more or

less against the child’s life, success is less probable; but this in no

wise invalidates the necessity of the operation. The writer has himself

performed it in the complication instanced, and in vain; but he would

none the more hesitate, on this account, to repeat it. There can be

no reason against the procedure in any case, and by it the child may

possibly be saved. In the words of an older writer, “Est enim inhumanum,

post obitum matris, fœtui pereunti et suffocari parato manus auxiliares

denegare, et sæpè viventem adhuc cum matre mortuâ eodem tumulo contegere

et obruere. Idcirco jurisconsulti eum _necis_ reum damnant, qui gravidam

sepelierit non prius extracto fœtu.”[160]

A question has been raised concerning the rights of relatives in

preventing the physician from such discharge of his duty. It has

been asserted that “the father has not only the natural right of his

relationship, but legal power; for Dr. Lever recently mentioned that he

had consulted Dr. Alfred Taylor to know whether he would be justified in

performing Cæsarean section after the death of the mother, without the

consent of the father, as it appeared unjustifiable homicide to allow

the infant to die. Dr. Taylor gave his opinion that, in law, the infant

belonged to the father,—the infant with the life thereof,—and that if

Dr. Lever touched it, even to rescue it from death, an action would lie

against him.”[161] I must, however, declare such doctrine to be false

and pernicious. If signs of the child’s life remain, no physician should

hesitate endeavoring to preserve it, unless restrained by actual force. I

reiterate my conviction that such neglect, or seeming neglect, of fœtal

life is an actual wrong, both against the individual and against society.

Similar points in which physicians are directly interested, as tending

by their apparent disregard of fœtal life to render themselves innocent

abettors of criminal abortion, are not uncommon. Such are neglect of

efforts to prevent miscarriage when threatening, or where it has become

an established habit; and of attempts at resuscitating still-born

children where there is the slightest chance of success, and success has

now been rendered much more probable by the methods of Marshall Hall and

Silvester; the performance of operations of any kind upon a pregnant

woman, even tooth-drawing,[162] that might be delayed; the careless or

unnecessary use of ergot; the relying upon a single and unaided opinion,

where not one life only, but two, may be endangered.

Other instances might be adduced; but enough has already been said to

prove that the importance of the subject we are considering, and the

responsibilities resting upon the profession regarding it, demand as I

have elsewhere suggested,[163] that physicians should possess, should

acknowledge, and should govern themselves by, an _Obstetric Code_—the

necessity of which will be made even more manifest, as we proceed in our

investigation of questions pertaining to Obstetric Jurisprudence. We have

referred to some of its leading principles, but have done no more than

faintly foreshadow them.

Distressing in the retrospect, inconvenient frequently in the

present,[164] such a Code would undoubtedly prove; but it is demanded

of the profession by the progress of our science, by humanity, morality

and religion. Were the facts in the case more generally known, and the

existence and sanctity of fœtal life more universally appreciated, it

would be also demanded by public opinion.

We have now seen that “the absurd enactments still remaining on the

statute book, the careless indifference with which society views the

crime, the reluctance with which means are adopted to prevent its

occurrence, its increase, and its frequent induction by obstetricians,

are all evils which loudly and imperatively call for the closest

investigation.”[165]

We proceed to the other relations of criminal abortion, more especially

to those immediately pertaining to the claims and course of justice.

On criminal abortion in America · 第 28 / 37 题