Advertisement

Heart-breaking ruling on fetus

A brain-dead pregnant woman has been taken off life support after an Irish court ruled her 18-week-old fetus was doomed to die.

The case has exposed fear and confusion among doctors over how to apply Ireland’s strict ban on abortion in an age of medical innovation.

In Pictures: Christmas around the world
Survivor hails miracle birth after tsunami
Bush senior still in hospital

The three-judge Dublin High Court said on Friday that all artificial support for the woman should end more than three weeks after she was declared clinically dead.

Her relatives gathered at a hospital in the Irish Midlands to bid farewell to the unidentified woman, who was in her late 20s and had two young children.

In their 29-page ruling, the judges accepted testimony from seven doctors who said the fetus couldn’t survive for the extra two months of development needed to be delivered safely.

The doctors detailed how the woman’s body was becoming a lethal environment rife with infections, fungal growths, fever and high blood pressure.

The nation’s Supreme Court was put on standby for an appeal, given the constitutional questions at stake. But lawyers representing the rights of the woman and of the fetus said they accepted the ruling from the country’s second-highest court.

Ireland has the strictest abortion ban in Europe, a reflection of the country’s heavily Roman Catholic population. But Dublin’s archbishop had suggested before the decision came down that he would have no objection to removing life support.

The woman suffered irreversible brain death on December 3, four days after sustaining a severe head injury in a fall. She had already been hospitalised after doctors found a cyst in her brain.

Doctors refused family pleas to turn off a half-dozen machines that regulated oxygen, blood flow, nutrition and waste collection, citing fears they could be sued for negligence or even face murder charges if they cut life-sustaining support for the fetus.

One doctor testified that he and two colleagues couldn’t agree on how Ireland’s constitutional ban on abortion should be applied, given the lack of explicit laws or guidelines for such cases.

The court said it was wrong to continue to deprive the woman “of dignity in death and subject her father, her partner and her young children to unimaginable distress in a futile exercise which commenced only because of fears held by treating medical specialists of potential legal consequences.”

Irish doctors have appealed for decades for clearer guidelines on when they may terminate a pregnancy.

Irish law permits this only when deemed necessary to save the woman’s life.

Parliament passed the law last year after a 31-year-old woman, suffering a protracted miscarriage, was refused an abortion and died of blood poisoning.

Advertisement
Stay informed, daily
A FREE subscription to The New Daily arrives every morning and evening.
The New Daily is a trusted source of national news and information and is provided free for all Australians. Read our editorial charter.
Copyright © 2024 The New Daily.
All rights reserved.