D.Tusk: Hospital will answer for refusing legitimate termination of pregnancy

The order issued by the Constitutional Court, chaired by Julia Przyłębska, took away the possibility for women to terminate their pregnancies in cases of severe and irreversible fetal disability or an incurable disease that threatens the life of the fetus.

- We must and will change the practice of proceedings overnight so that, despite the unsatisfactory state of the law, this judgment by Julia Przyłębska does not weigh on the lives and safety of Polish women," Prime Minister Donald Tusk announced.

He stressed that the 2020 judgment has not changed the law in Poland. There are three grounds for which a pregnancy can be legally terminated:

• If the pregnancy poses a threat to the woman's life or health,
• if prenatal testing or other medical indications pointed to a high probability of severe and irreversible fetal impairment or an incurable life-threatening disease,
• if there is a reasonable suspicion that the pregnancy resulted from a criminal act.

- These regulations are still in effect. The problem is that after the ruling of the Przyłębska tribunal, there was a flight from responsibility. And there has been a redirection of the prosecutor's attention from protecting women's lives and health, to building uncertainty and fear among doctors that if they save a woman's life and health, they will face criminal liability," the head of government said.

Hospital will answer for denying legitimate termination of pregnancy

Prime Minister Donald Tusk has ordered the Minister of Justice and Attorney General and the Minister of Health to present specific guidelines to the relevant institutions and individuals. According to them, a hospital will lose its contract with the National Health Fund in the field of gynecology if it refuses to justifiably terminate a pregnancy, thereby bringing danger to the woman's health and life.

- A conscience clause cannot replace this obvious duty of every doctor, which is to save a woman's life and health. We will expect the national consultant for gynecology and provincial consultants to inspect all conscience clauses," the head of government stressed.

There will be no escape from responsibility

Prime Minister Donald Tusk has announced that any refusal to perform a legitimate procedure will be reported ex officio to the prosecutor's office.

- Starting today, the prosecutor's office will be required to investigate why someone endangered the woman's life and health, and why that person chose not to save her health and life, the Prime Minister announced.

Donald Tusk also noted the need for the Patient Ombudsman to be more active. This includes an information campaign in hospitals, but also about hospitals. The Prime Minister pointed out that the practices of the previous government taught thousands of people to escape responsibility.

- The public and those concerned need to know what quality and guarantees of safe care await them at a particular hospital. This should bring relief to those who are suffering today. To those women who are afraid today. To those women who are thinking whether they will suffer the fate of those most tragically affected by cruel practices under the Law and Justice government," the Prime Minister said.

These solutions will be introduced by the decision of the Prime Minister, relevant ministers and institutions. The head of government announced that "this is not an action instead, so he will still aim with all available steps to change the law in Poland."

Source: KPRM