First published in the Herald Sun (reproduced with permission)


Abortion risk to women

By Charles Francis
July 31, 2007

CANDY Broad's Bill to decriminalise abortion in Victoria proceeds on the naive and mistaken belief that it will benefit women.

Nothing could be further from the truth.

Under the present law, based on the Menhennitt ruling, even if the pregnancy constitutes a quite minimal risk to the woman's health, the state does not intervene.

To the doctors who are performing abortions the present law poses no problems whatever.

Physical and mental harm done to women by abortionists should be the real concern of our MPs.

In my experience as a lawyer who acted for some of these women, most abortionists take no adequate medical history from their patients, nor do they give them adequate counselling or warning of the many risks of abortion.

High on the list of risks is psychological damage.

Research by Dr David Reardon of the Elliott Institute in the US indicates that in at least l0 per cent of cases the psychological damage is severe, needing counselling.

There are many known physical risks as well.

Statistics from Finland and California show the death rate among women one to eight years after a termination is far higher than among women who have given birth or who were not pregnant.

The NSW Supreme Court was told of the case of a woman, 23 weeks pregnant, who contacted a women's health clinic.

Although several clinics had declined to abort the pregnancy as it was so far advanced, a doctor agreed to do it for $1500.

The doctor allegedly administered Prostaglandin, an abortion-initiating drug, and told the woman to come back next day.

That night the woman went into labour and gave birth to a male baby.

The baby was pronounced dead about five hours after his birth.

Prosecutors said the doctor acted illegally in failing to examine the patient or question her about her medical, social or economic circumstances, or why she wanted the abortion.

The doctor denied administering the Prostaglandin or giving her pills,

But the NSW Medical Board did not strike the doctor off the NSW Register of Medical Practitioners.

The amendments to Part V of the Victorian Wrongs Act 1958 make it very difficult in Victoria to sue abortionists for medical negligence.

Decriminalising abortion will make Victorian women even more vulnerable to medical malpractice.

CHARLES FRANCIS, QC, is a barrister and a former Victorian MP