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The doctors probably will not be convicted of the charges. Neil Chayet, one of their attorneys, insists that the D.A. must prove that the aborted fetuses were human bodies as defined by law rather than fetuses with the potential of human life; he contends that such proof is impossible under Supreme Court rulings. In Edelin's case, the D.A. must show that the fetus he removed was alive upon delivery and could have been maintained by reasonable efforts.
Nonetheless, the impact of the indictments is enormous. Scientists routinely use fetal tissues in essential studies of diseases ranging from chicken pox to cancer. Some—at least in Massachusetts—may now be reluctant to do any further work with fetal tissue.
The indictments have increased support for bills before the Massachusetts legislature that would require physicians to try to extend the lives of even unviable fetuses and forbid experiments like the ones for which the doctors were indicted. The case has also worked a hardship on Boston's poor. Despite its limitations, overworked B.C.H. has been one of the few places in the city where those who could not afford to pay could end unwanted pregnancies. As a result of the indictments, the hospital has forbidden abortions except in medical and psychiatric emergencies.