Late term abortion furore erupts

Sunday Herald Sun, October 15, 2004

HOSPITAL TOLD TO RELEASE PRIVATE FILES

A Melbourne hospital was ordered to release private medical records relating to a 32 week abortion.

The decision was slammed yesterday by Health Services Commissioner Beth Wilson, who's said it could lead to backyard abortions.

The controversial documents relate to the April 2000 termination of a 32 week old fetus at the Royal Women's Hospital. The Melbourne Magistrate Court has been told the mother became suicidal after she was told by doctors the baby was suffering from dwarfism. Abortions after 28 weeks can only be conducted in Victoria if the mother's health is at risk.

The case caused a public storm after Victorian anti-abortion senator Julian McGauran referred to it in Parliament in 2002.

Senator McGauran, who was granted access to the woman's files by a coroner, has been fighting for an investigation by the Medical Practioners Board ever since.

The hospital claims the board, which investigates doctors and medical practices, does not have the right to confidential information without the consent of the patient.

But magistrate Jeanette Maughan said the release of the document was lawful and did not breach privacy laws.

Ms Wilson, who is responsible for complaints made about Victorian health Services, was disappointed and would support the hospital if it appealed against the ruling. She believed the public would find it alarming.

'We don't want to see women go back to backyard abortions," Ms Wilson said," If people feel their information will be given out, then they may well do that."

She said the need for patient privacy outweighed the argument of public interest, because the complaint by Senator McGauran was "vexatious and politically motivated."

Ms Maughan granted a 30 day stay on the release of the documents while the hospital decides whether to appeal.

Medical Practioners Board Spokeswoman Nicole Newton said the board needed the records so it could investigate the doctors' professional conduct. She said the board would continue to protect the woman's identity.