The tragic communicative of the nine-month-old Felk, whose life ended just before birth, shook public opinion and posed a serious challenge for both doctors and legislators. At the heart of the case is the question of the limits on the legality of abortion in Poland and the way in which the existing rules are interpreted.
Medical Appeal to Minister of Health
The General Board of the Polish Society of Gynecologists and Obstetricians (PTGiP) in a letter dated 10 April 2024 asked the Minister of wellness of Izabela Lestina to formally interpret Article 4a of the Act on household Planning, Protection of Human Fetal and Conditions of Acceptability of Abortion of Pregnancy. Especially is the situation where the life or wellness of a female is at risk, and the fetus has already achieved the ability to live independently outside the mother’s body.
‘If otherwise, the conduct of the medical practitioner may be assessed in the light of Article 152(3) of the Criminal Code, according to which who, with the consent of a woman, interrupts her pregnancy erstwhile the conceived kid has attained the ability to live independently outside the body of a pregnant woman, is subject to imprisonment from 6 months to 8 years’, as recalled in the letter.
Tragedy in Oleśnica – what truly happened?
At the infirmary in Oleśnica, there was a dramatic pregnancy finale for Mrs Anita. A woman, who was 36 weeks pregnant, requested abortion due to a intellectual wellness risk. According to the “Gazeta Wyborcza”, doctors at the infirmary in Łódź refused to usage induction of foetal asystole (i.e. killing of the fetus by injecting potassium chloride into the heart) and proposed to terminate pregnancy by cesarean cutting with the provision of medical care for the child.
Finally, Ms Anita went to the infirmary in Oleśnica, where Gizela Jagielska performed the surgery. The case is presently being investigated by the territory Attorney's Office in Oleśnica.
Could a kid have been saved?
In the context of the abortion decision, there were suspicions of congenital bone fractures in the child. However, many experts question the legitimacy of this decision. Mr. Adam, who has been suffering from this condition for 33 years, wrote a letter made available by the Pro Foundation – the right to life, in which he pointed out that:
“In the case described by Mrs Anita, we are talking about a mild phase. [...] If they [doctors from Łódź] claim that the kid could have been saved and cared for, it means that she could have lived peacefully.”
He besides stressed that the illness did not endanger the mother's life, and the case of Felk is simply a dangerous precedent.
Expert voice – different perspectives, same problem
– In any civilized country where abortion is allowed, there is simply a limit, after which this procedure becomes unacceptable," says Dr hab. Jacek Skrzydło, a specialist in human rights from the University of Lodz.
Prof. N. med. Piotr Sieroszewski, president of PTGiP, stressed:
"We have offered Mrs. Anita an immediate solution by imperial cut ... which is not tantamount to killing a viable fetus".
One of our lawyers points out that a doctor can trust on a clause of conscience in situations contrary to his moral beliefs, but "this action should in no way violate the patient's rights and consequence in delaying abortion in a situation of danger to the life of a woman."
Minister of wellness reacts
Minister Izabela Leszczyna informed about the order to audit the NFZ and the Ombudsman on the infirmary in Łódź. She besides commented on the Constitutional Court ruling, which she felt deprived doctors of clear guidelines and women of support in dramatic situations.
Where's the law, where's the ethics?
The case of Felk, Mrs Anita and doctors from Oleśnica and Łódź showed how complicated the border issues between legality and morality are, between explanation of the law and real life and death. 1 thing is certain – the request for clear, unambiguous rules and full work for their application.
Regardless of belief, this communicative leaves questions that both society and government must answer: Are children who can live outside their mother's womb guaranteed protection of life in Poland?
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