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Referral: A False Compromise

Sean Murphy – Administrator of the Protection of Conscience Project – www.consciencelaws.org Many people, grappling with concerns about freedom of conscience, agree that health care workers should not be forced to participate in procedures or services to which they object for religious, moral, or ethical reasons. However, their agreement is frequently qualified by the condition that a conscientious objector must refer the patient to someone who will provide what is wanted or …Read More

Back to court to fight out doctors’ abortion advice role

Legal debate is set to resume over a doctor’s obligations when consulted about abortion. The Medical Council has appealed last year’s High Court judgement requiring it to change its guidance to doctors with a conscientious objection to abortion. Talks have failed so far Talks are continuing between the council and those who brought a case against it, says council chair John Adams. “We have always been hopeful of a resolution, …Read More

Medical council appeals abortion ruling

The Medical Council is appealing a High Court judgment that it must change its advice to doctors who conscientiously object to abortion. Council chairman John Adams said Tawa Medical Centre GP Catherine Hallagan and the New Zealand Health Professionals Alliance had last year instigated a judicial review which challenged the council’s advice to doctors on abortion and their own personal beliefs. Wellington High Court judge Justice Alan MacKenzie ruled in …Read More

Abortion statement defeated in court

The Medical Council is considering amendments to its draft statement on how doctors with a conscientious objection to abortion must respond to a patient requesting an abortion. Conscientiously objecting doctors have successfully challenged the statement in court, saying it wrongly requires them to give advice that might facilitate the patient obtaining an abortion. A ruling from High Court judge Alan MacKenzie, released this month, orders changes to the statement (>>nzdoctor.co.nz, …Read More

Doctors’ right to refuse abortion advice upheld

The High Court has upheld the right of doctors who object to abortion to opt out of giving advice to patients seeking the procedure. The court last month heard a case taken by Wellington GP Catherine Hallagan, who objected to proposed changes to Medical Council guidelines regarding beliefs and medical practice. Her lawyer said the proposed guidelines went too far in defining the way in which doctors should handle patients …Read More

Judge upholds doctors’ stance on abortion advice

The High Court has upheld the right of doctors with a conscientious objection to abortion to opt out of giving advice to patients seeking the procedure. The case, which was heard last month, was taken by a Wellington GP who objected to proposed changes to Medical Council guidelines on how doctors deal with abortion requests. Justice Mackenzie found the guidelines went too far in requiring medical practitioners to provide information …Read More

Doctors’ abortion guidelines overstep law

New Medical Council guidelines for doctors dealing with the issue of abortion have overstepped the law and need to be amended, the High Court has ruled. Among the requirements in the council’s beliefs and medical practice statement, doctors were required to ensure patients were aware that abortion was an option if they were concerned about their pregnancies. Doctors who did not want to provide the service could refer the request …Read More

Challengers defeat council in abortion ruling

The Medical Council has overstepped the law in its draft statement on how doctors who hold a conscientious objection to abortion must respond to a patient requesting an abortion. The statement must be amended, says a ruling from High Court judge Alan MacKenzie, released today. The judge has accepted some of the arguments of conscientiously objecting doctors who say the statement wrongly requires them to give advice that might facilitate …Read More

Decision reserved on abortion advice

Doctors with a conscientious objection to abortion have asked the court to stop the Medical Council from requiring them to give patients more information than they consider reasonable. The council’s Beliefs and Medical Practice statement misinforms doctors on their obligations toward women seeking abortion, according to Tawa Medical Centre GP Catherine Hallagan and a group called the New Zealand Health Professionals Alliance. They were the applicants in a judicial review …Read More

Medical Council defends its abortion rules

The Medical Council is standing by its requirement that doctors ensure women have access to information on abortion services. It is not sufficient for doctors with a conscientious objection to inform a patient requesting an abortion that she can go to a Family Planning clinic or another doctor, the council’s lawyer told the High Court at Wellington today. Mary Scholtens QC is responding for the council to a challenge to …Read More