New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-20
PHYSICIAN RIGHT
N LETTING BABY
Die, SAY JURORS
IIphold Moral Stand, but
Declare Child Might
Have Been Normal.
DOUBT DIAGNOSIS;
DEFINE ETHICS
Chicago Surgeons in Verdict
Assert One Doctor Should Not
Alone Decree Death.
n.,.-..nh "a Tha Tribune 1

TBy Telegraph 10 Tbs rribune.]
Chicago, Nov. 1e.-"Morally and
.,bicslly. q surgeon is fully within his
rights In refusing to perform an opera
uon which his conscience will not sane
ton"
Tbi, declaration in the finding OF
III. Jury of leading physicians and
surgeons who investigated the death
q, the baby of Mr.. and Mrs. Allen
Bollinger is accepted as generating
Or. II. J. Haiselden of charges on
which an indictment might be based
A result of his refusal to perform
an operation.
The jury, however. found that
surgery might have saved the infants
life, and that there was no evidence
that the child would have become
morally or mentally defective.
In their verdict, reached tonight
after an exhaustive examination Of DR..
Hsiselden in which he stoutly main
tanned that what he did was right, the
juors say:
Baby Might Have Been Normal.
ave believe a prompt operation
would have prolonged and perhaps
saved the life Of the child.
1--WE find no evidence from the ply
.ical defects that the child would have
become mentally or morally defective.
Several Of the physical defects
might have been improved by plastic
operations.
1--WE believe that, morally and ethi-
cally, a surgeon is fully within his
rights in refusing TO perform an op-
Grafton which his conscience Will not
sanction. We find no reason TO believe
that the parents Of Allen j. Bollinger
were deprived of the privilege of con-
sutation.
ave recommend strongly that in ell
doubtful cases of this character con-
sultation of two or more surgeons OF
known reputation and skill, ethical
standing and broad experience, should
decide upon the advisability or in
advisability Of operative measures.
1--WE believe that the physicians
highest duty is 10 relieve suffering and
to prolong life"
The verdict. which describes
minutely, and in technical language
the condition in which the body was
found. does not accept the diagnosis
Of DR.. Haiselden without question.
The recommendation that other sur
geons be called in cases ike TINS Is
taken by the public as an indication
OF the jury's position that one phy-
sieisn alone should not, despite the
conviction that he is acting within his
legal and moral rights, permit human
being 10 die without seeking profes-
sional advice.
Doctor Unshsken by Jurors.
Or. Haiselden testified as the frss
witness at the Coroner's inquest in the
afternoon.
Il was able TO tell soon after the
birth" said Dr. Haiselden, that the
baby would never live without an oper
alton. Then learned from examina-
ton that the child would be menta!
and moral defective. and | decided not
TO operate.
"To satisfy myself and the parents
further, called in fifteen reputable
physicians. We examined the child
carefully. told them that II any one
wanted 70 operate he could. They all
refused. saying was right.
"Then, about two hours before the
child died, one of these physicians
asked me to permit him TO operate.
The child was dying then, and ! re-
fused, II being against my ethics TO
operate on dying person"
Dr. Haiselden was subjected TO one
OF the most severe examinations IN the
history Of coToner's cases In Cook
County. Each specialist on the jury
asked, in technical terms, why he did
not perform an operation or do some
thing else within his skill to save the
baby
would you refuse 70 operate again
u placed In the same position?" asked
Coroner Hoffman.
"lf they don't Jail me for this,
shall refuse 10 perform such opera
tons replied DR.. Haiselden. 81 want
this jury 10 say what / shall do. II
the state orders me to operate, will
operate"
DO you know what becomes OF de-
ieetives that survive?"
"Yes, see them in Dunning Ian in
sane asylum: adults with the minds
of three-year-old children. They are
born every day in the week In Chi
esgo"
Dr. Haiselden was asked IL he had
ever consulted DR.. John Dill Robertson,
ne City Health Commissioner.
Dr Robertson came TO the hospital
short time before the baby was
dying," replied Dr. Haiselden. ale saw
MAT the child was dying and urged that
operate. He said: The baby has only
one chance In 100000 Of living. but you
VIII be able 20 say that you did all you
could"
Dr. Robertson was then put on the
stand. 1T IL true, the child did not
have one chance in 100000" he said.
But, personally, | would have taken
me long chance. ! think Dr. Haisclden
y sincere in what he has done, but ]
tbiDk be IL mistaken"
DR.. Robertson raid he didn't know
whether there was any law 70 compel a
Doctor 70 operate. "Many doctors re.
i1se and other doctors take the eases y
10 added There xaz no positive eyi-
afDee that the child would have grown