The California Collection/TheCaliforniaCollection.cdr/his092/abort12.lzh/ABORT12.TXT

Text File | 1991-06-29 | 11.8 KB | 248 lines

ISS:Should Abortionists Be Sued?  by Camille Otto

   They don't always tell victims about abortion complications. Two
groups believe these doctors should be held liable for medical
malpractice.

   by Camille Otto

   Inglewood Hospital in California used to do 11,000 abortions a yea.
In early 1988, however, the hospital lost its license and shut down.
The closure came after Belinda Bird, a 37 year old mother of three,
suffered a punctured uterus from her abortion at Inglewood and died.
This is just one example of medical malpractice which two pro-life
organizations are attempting to eliminate in their fight against
abortion.

   One of those groups, the American Rights Coalition, is an abortion
complaint clearing house in Chattanooga, Tenn. "We're offering women
who have been injured from abortion, any help they need," says Charles
Wysong, president of the organization. "Then if there is malpractice
involved, we certainly want to bring justice there as well." The second
group, Legal Action for Women in Pensacola, Fla. is also interested in
helping women who are suffering from the effects of abortion. Michael
and Vicky Conroy, the directors of LAW were active in the Pro-Life
movement for nine years when they decided to create this nation-wide
for women.

   "Although we were reaching some women through sidewalk counseling,
picketing and a crisis hotline, we weren't reaching the masses and
there were still women being injured," says Vicky. "The root of
abortion is money, and if you take away the motive behind it, you
eventually hurt abortion."

   Both Legal action for Women and the American Rights Coalition have
set up tollfree numbers to gather complaints and refer women to
assistance they need.

   When a woman calls, she is interviewed to determine whether of not
she needs to see a doctor or an attorney. She may also be matched with
a counselor in her city who can help her through her emotional
struggles and share the gospel with her.

   Health Resources, Inc., a private health care consulting firm in
Chicago, maintains a database on malpractice lawsuits filed in the Cook
County court system (the largest local court system in the country).
This organization found that in the 15 years from 1975 to 1985, at
least 310 abortion related personal injury cases were filed in the
county. Of these, 140, or nearly half, came from women who had become
sterile. Seventeen cases were filed on behalf of patients who had died.
In addition, officials in the coroner office and the public licensing
department say that abortion is often not listed as the cause in many
abortion-related deaths.

   Barbara McMillan, an Ob/Gyn doctor who operated two abortion clinics
in Jackson, Mississippi is now a pro-lifer who works with the American
Rights Coalition. According to McMillan, abortion-related deaths are
usually hidden from the public's view.

   "It's a very scary thing," says McMillin. "If a woman has an
abortion and some placenta is retained and gets infected, she starts
bleeding. If she dies due to blood loss, the cause of death will not
even mention that she had an abortion. And if she didn't tell anyone
she was having an abortion, the whole thing could go undetected."

   Making the Hotline Hotter

   Despite the efforts of Legal Action for Women and the American
Rights Coalition, the number of women who have called for help is low.
In the last year, for example an average of two women per week have
called each hotline. So far, only about 20 cases have been brought to
court as a result of these efforts.

   Part of the problem may be lack of publication, but Wysong feels it
may be that a lot of officials women are afraid to seek help. They fear
going public with their abortion.

   "It is important for women to come forward," says Wysong. "Not only
for their own benefit, but for the benefit of others who don't know of
the dangers of abortion."

   Natalie Correia, the director of Health Resources, Inc., which is
also involved in malpractice litigation support, says that women need
to file suits to help reduce the risk of abortion malpractice.
"Litigation produces stress that causes change," Correia says. And that
stress is primarily economic. "Litigation will put pressure on both the
defending physician as well as the medical community, which ends up
paying for the malpractice of a few."

   Based on her own experience in the abortion industry, Barbara
McMillian believes malpractice lawsuits will drive a lot of doctors out
of abortion.

   "I think a very effective way to close abortion clinics is to make
abortion malpractice expensive and put them out of business. When it
becomes unprofitable, they'll quit."

   That opinion is not shared by all, however. A spokesman for the
National Abortion Federation disagrees. "These suits are fronted by
anti-abortion groups who want to manipulate the legal system for their
political purpose," said Alice Kirkman of the ABF. "The incidence of
malpractice has been low compared to other kinds of medicine and our
legal counsel feels secure that they can disperse this effort." Dr.
Fred Z. White, Chairman of the Illinois Medical Inter-Insurance
Exchange says malpractice suits may affect individual doctors, but not
e industry as a whole.

   "The number of Obstetric/Gynecological doctors doing abortions is
small compared to the total number of Ob/Gyn. Since they are all in the
same category of insurance, it would take a tremendous number of
abortion suits to have any impact."

   Malpractice Suits Seen As Threat

   The Alan Guttmacher Institute, a research arm of Planned Parenthood,
conducted research on abortion in 1987 and found that rising insurance
rates are a major concern for abortion providers.

   In it's report, the researchers noted, "...malpractice insurance
difficulties...were nonetheless considered by (abortion) providers to
be one of their biggest problems." About 53 percent of the abortionists
polled said that the increasing cost of malpractice insurance has made
it more difficult for them to provide abortion services.

   One example of how malpractice insurance can affect the abortion
business is what happened to the Westside Women's Health Center in
Santa Monica, Calif.

   There center had been paying $15,000 per year for insurance. By the
end of 1986, however, their insurance carrier dropped them because they
had too many claims - even though Westside never went to court with any
of the 12 claims filed against them.

   After losing their insurance coverage, Westside could only find one
new carrier, but at 1,000 times the previous rate.

   So, after 12 years of doing an average of 60 abortions a month,
Westside Women's Health Center has stopped doing them. However, as soon
as they can find a less expensive insurance carrier, they will resume
the procedure.

   Malpractice Insurance Has Skyrocketed

   Statistics show that Ob/Gyn suits have increased dramatically during
the past few years.

   In 1982, a total of $1.5 billion in claims were filed. By 1987, hat
number had increased dramatically during the past few years. In 1982, a
total of $1.5 billion in claims were filed. by 1987, that number had
increased 263 percent to $3.95 billion.

   Many abortion doctors are insured through groups such as Planned
Parenthood, which covers over 800 clinics. But underwriters believe
that many independent abortion doctors choose to remain without
insurance because of the high rates. St. Paul Insurance of Minnesota,
which handles about 35,000 doctors, carries only about a dozen abortion
doctors.

   An Uphill Battle

   Of the cases of the American Rights Coalition and Legal Action for
Women have been working on, not one has yet been decided favorably in
court. However, a few have been settled out of court.

   James Golden is an attorney in Chattanooga, Tenn. who has
represented women in abortion malpractice cases. "Many times the
settlement amount offered is just too good to refuse," says Golden.
"And because of the confidentiality clause in contract settlements,
there is no real resolution in the public eye."

   Jack Schuler, an attorney in Los Angeles, who is also experienced in
malpractice litigation says, "Our ultimate goal is to change the
public's attitude toward abortion. From that perspective, we would like
to see more cases won in court."

   But even before one of these cases moves into the court room,
attorneys have many problems to deal with. Many times women wait too
long to report the problem and the statute of limitations has run out.
Most of these women do not have the money for legal fees and the
attorney most be willing to pay the expenses up front, hoping to
collect if the case is won.

   In terms of dollars, the defendant is often funded by insurance
companies, which usually have large budgets to work with. Donovan
Campbell, an attorney with he Rutherford Institute in Dallas, Tex. is
currently pressing several malpractice suits. "It is usually a great
battle to prove that the doctor did commit malpractice. When possible,
we also try to claim fraud, deceptive practices, breech of contract and
warranty, assault and battery, or intentional infliction of severe
emotional distress, to name a few."

   There are also other problems, says Campbell. "It's one thing to get
a woman to say she wants to sue. It's another to get her to court. You
really need a well-prepared, stable plaintiff who can stand the
difficult cross-examination without breaking down."

   Schuler says there is a deal of reluctance among women to reveal all
that happened to them. "Because they have all suffered such tremendous
losses, they have a lot of feelings of guilt, anger and hostility. I
find myself often being in a position of ministry to them as well as
being their attorney."

   But despite the odds, Legal Action for Women and the American Rights
Coalition will continue to help women who have been overcome by the
effects of abortion.

   Wysong of the American Rights Coalition is optimistic about the
future and hopes to expand to other major cities soon. "If we get
enough support," says Wysong, "There is no reason why the abortion
industry can't be brought down."

   What You Can Do

   1. Encourage women who are suffering physically or emotionally from
a past abortion to seek counseling as well as legal and medical
attention from either one of these organizations:

   Legal Action for Women 1145 Candlewood Circle Pensacola, Fls. 32514
[phone] or [phone]

   American Rights Coalition P.O. Box 487 Chattanooga, Tenn. 37401
[phone] or [phone]

   2. Volunteer to become a counselor in your area for women who are
suffering from an abortion. Contact the organizations listed above for
more information on how you can minister to these women.

   3. Encourage Ob/Gyn doctors to testify as expert witnesses in cases
of abortion malpractice.

   4. Support Senator Gordon Humphrey's Informed Consent Bill (S.272)
for abortion providers. Humphrey is chairman for the Pro-Life Task
Force and a member of the Congressional Coalition for women, Children
and the

   Unborn. His bill would require that abortion providers inform women
of the possible risks involved in an abortion procedure. If you support
such legislation, contact your congressman or senators. Letters from
women who have suffered from abortions would be especially effective.

   5. Volunteer as a counselor at your local Crisis Pregnancy Center.
For more information, call the Christian Action Council: [phone].

   6. Subscribe to the Legal Action for Women newsletter. This
quarterly newsletter updates what the organization has accomplished as
well other abortion-related news. A subscription is $10. And you may
wish to order a current issue of the Abortion Malpractice Report from
LAW. One copy is $2; 10 copies, $5; 25 copies, $10; 100 copies, $25.