Knowledge and wisdom, far from being one, have often no connection. Knowledge dwells in heads replete with thoughts of other men: Wisdom, in minds attentive to their own. Knowledge is proud that he has learned so much, Wisdom is humble, that he knows no more.
Unknown Author

Should Abortionists Be Sued

Should Abortionists Be Sued

Should Abortionists Be Sued?

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
(800)962-2319 or (940)624-1111

American Rights Coalition
P.O. Box 487
Chattanooga, Tenn. 37401
(800)634-2224 or (615)624-1111

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: (703)237-2100.

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.