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.

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