Archive for Abortion Regulation

5th Circuit:Texas can enforce most abortion restrictions; clinic chain to close 3 centers, substandard clinic remains open

Posted in Abortion Clinic Closed, Abortion clinic closed by state, Abortion Clinic Inspections, Texas Abortion, Texas abortion clinics with tags , , , , , , , , , , on November 1, 2013 by saynsumthn

A federal appeals court on Thursday ruled that most of Texas’ tough new abortion restrictions can take effect immediately — a decision that means as least 12 clinics won’t be able to perform the procedure starting as soon as Friday.

A panel of judges at the 5th Circuit Court of Appeals in New Orleans said the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit challenging the restrictions moves forward. The panel issued the ruling three days after U.S. District Judge Lee Yeakel said the provision serves no medical purpose.

In its 20-page ruling, the appeals court panel acknowledged that the provision “may increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions.” However, the panel said that the U.S. Supreme Court has held that having “the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate” a law that serves a valid purpose, “one not designed to strike at the right itself.”
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WWHweb1

One of the abortion clinic chains in Texas has already tweeted that they will close three abortion clinic in the state because of the ruling.

Oct2013 Tweet on 3 clinic to close

OCT Clinics Closing _n

WWH Abortion clinic beaumont

Whole Woman’s Health abortion clinic has been in the news many times, quoted by the news media as opposing regulations by the state under Texas’ new abortion laws. The media has allowed this clinic owner to talk Amy Hagstrom Miller, about how she will be forced to close and have sympathized with her regarding regulating abortion clinics.

But a new report which received little media attention shows that one of the two abortion clinics which WWH will leave open was cited for several health violations after a recent inspection:

WWH Beaumont abortion clinic 13 health violations
The Beaumont abortion clinic has been flagged on 13 violations by the Texas Department of Health.

WWH abortion clinic health violations Oct 2013

The October 3 inspection at Whole Woman’s Health of Beaumont turned up potential health issues.

The report says the facility failed to provide a safe environment for patients and staff. The suction machines which were used on patients had numerous rusty spots which, “had the likelihood to cause infection.”

Whole Womens Health Abortion clinic inspection Oct 2013

The report also says, “the facility failed to have the EKG monitoring equipment ready if an emergency situation occurred…”

The clinic was also cited for expired drugs on the premises:

Whole Womens abortion Beaumont Inspection Oct 2013 expired drugs

As well as having documents not signed by a physician:

Whole Womens Abortion Inspection Oct 2013 non Physician

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This resembles conditions found at a Philadelphia abortion clinic run by convicted murderer Kermit Gosnell. The state found the following there:

EMERGENCY EQUIPMENT : NO RESCECITATION EQUIPMENT: CRASH CART/EKG
• *although Pennsylvania’s abortion regulations, 28 Pa. Code §29.31 et seq., require abortion providers to have functional resuscitation equipment and drugs “ready for use,” Gosnell had no such provisions. The clinic’s one defibrillator, the device used to help revive cardiac arrest patients, had not worked for years. There was only one suction source – the one Gosnell used for the abortion procedures – and no equipment to assist with breathing. And on February 18, 2010, three months after Karnamaya Mongar had died of an overdose of anesthesia, there was no “crash cart” with the drugs necessary to reverse the effects of just such overdoses. Had a ny of these items been present in the clinic, as the law requires, Mrs. Mongar might be alive.

• *Gosnell’s facility also lacked equipment legally mandated for monitoring sedated patients. According to Kareema Cross, the clinic owned one old electrocardiogram (EKG) machine to monitor heart rate and a pulse oximeter, an instrument that is attached to the patient’s finger and measures oxygen saturation in the blood, but these had not worked for at least six years. These instruments are the minimum equipment required to monitor patients who are sedated, according to the certified gynecologist and obstetrician who shared his expertise with the Grand Jury.

UNSTERILE CONDITIONS:

*The walls appeared to be urine-splattered. The procedure tables were old and one had a ripped plastic cover. Suction tubing, which was used for abortion procedures – and
doubled as the only available suction source for resuscitation – was corroded. A large, dirty fish tank stood in the waiting room, filled with turtles and fish. The dirt-floored
basement was stuffed with patient files, plants, junk, and boxes of un-disposed-of medical waste. The entire facility smelled foul. These were the conditions after the facility had been shut down and cleaned.

Serious Safety Violations Surface at Texas Abortion Facility

Posted in Abortion clinic dirty, Abortion Clinic Inspections, Texas Abortion, Texas abortion clinics with tags , , , , , , , , , on October 29, 2013 by saynsumthn

H/T Texas Alliance for Life
WWH
10/28/2013
The Texas Legislature passed HB 2 last summer to significantly strengthen safety standards for abortion facilities because the current standards are inadequate. As Texas awaits the ruling on Planned Parenthood v. Abbott, the legal challenge to HB 2 brought by Planned Parenthood and other abortion providers, questions have arisen about whether abortion facilities in Texas are meeting safety standards currently in law

While opponents of HB 2 claim no significant safety problems exist, a review of recent inspection records obtained by Texas Alliance for Life through public information requests gives a different picture: Many abortion facilities are not meeting even current safety standards and are endangering women’s health and safety.

Amy Hagstrom Miller
For example, Whole Woman’s Health, one of the plaintiffs in the lawsuit, operates five licensed abortion facilities in Texas (Austin, Beaumont, Forth Worth, McAllen, and San Antonio). In a recent Texas Tribune article published September 15, the CEO of Whole Woman’s Health, Amy Hagstrom Miller, described HB 2 this way: “The point of this legislation was to make abortion inaccessible. It wasn’t about safety . . . there is no safety problem around abortion in Texas.”

Contrary to her claim, the Texas Department of State Health Services (DSHS), which regulates abortion facilities, has cited four of the five Whole Woman’s Health facilities for violating current safety laws during the last three years, some dozens of times. Many the violations threaten the health and safety of the patients, including lack of sterilization of abortion instruments, lack of an R.N. or L.V.N. on staff, rusty suction machines, and expired and unlabelled medications.

In most cases, the violations have been acknowledged by the administrator of the corresponding abortion facility indicating that Whole Woman’s Health is fully aware that they are operating abortion facilities in violation of the law.

“Whole Woman’s Health and Planned Parenthood want the public to believe that abortion facilities are safe for women. A rusty suction machine, faulty sterilizing fluid, a faulty sterilization machine, holes in the floor exposing the facility to rodents, expired and unlabeled medication, and absent or poorly trained nursing staff contradict the abortion industry’s rhetoric,” said Joe Pojman, Ph.D., executive director of Texas Alliance for Life. “No woman should be exposed to such horrendous conditions. Women deserve better.”

Here is a list of some of the violations of current law cited by DSHS’ inspectors in their reports. (DSHS has redacted information from the reports that identifies staff or patients.) Some violations appears repeatedly over three years of inspections. The most recent inspection was on October 3, 2013, weeks after Hagstrom Miller’s statement.

Whole Woman’s Health of Beaumont, 440 18th Street, Ste A, Beaumont, TX 77703

2013 TX Actions WWH

November 17, 2011

“Based on demonstration and interview the facility failed to ensure the staff was trained in sterilization process of surgical instruments.”
“Staff #2 did not know what a sterilization indicator was or what it is used for in the sterilization process.”
“An interview with the Administrator . . . confirmed there were not sterilization indicators in the facility.”
“[T]he facility failed to staff the clinic with a registered nurse(s) or a licensed vocational nurse(s).”
“[T]he facility administration failed to ensure staff received training, education, and orientation to their specific job description.”
“[T]he facility failed to provide a safe and sanitary environment.”
“[T]here was a drain in the middle of the room, but the cover was loose and caused a hole to be in the floor right in front of the patient’s bed.”
“[I]n procedure room #2 there was numerous rusty spots on the on the suction machine used on the patient” for an abortion.
“[T]he evacuation plan of the building was not posted for the safety of patients and employees.”
“[T]he facility failed to provide safe equipment in the patient’s procedure room.”
“[T]he facility’s staff failed to monitor the expiration dates on sterile supplies.”
“Based on observation and interview the facility failed to maintain the sterility of the surgical instruments.”
“[T]he facility failed to ensure staff was trained in CPR . . .”
“[T]he facility failed to have current emergency medication in the emergency crash cart and follow the facility’s policy.”
“[T]he facility failed to provide emergency airway equipment. This facility provides moderate sedation/analgesia which requires advanced airway management equipment.”
“During the tour of the facility on 11/15/2011 at 3:00 PM observed the three facility’s fire extinguishers were last inspection on March of 2010.”

December 19, 2012

“Based on demonstration and interview the facility failed to ensure the staff was trained in sterilization process of surgical instruments.”
“[T]he facility failed to staff the clinic with a licensed vocational nurse (LVN) that meets the experience requirements according to the facility job description for a licensed vocational nurse (LVN).”
“[F]acility staff members (#2, #4, #6, and #7) failed to perform the correct procedure for the sterilization of the surgical instruments.”
“[F]acility failed to maintain the sterility of the surgical instruments before coming into contact with the sterile field.”
“Interview with the Sterilizer Representative on 12/19/2012 at 10:00 AM at the facility revealed the sterilizer had a gasket leak and the door on the autoclave was not opening properly. Questioned when the safety checks were completed why were these problems not identified? He stated ‘that during the safety check only electrical safety is checked and not the functional checks of the equipment. The functional check is more expensive and the facilities do not want to pay for the functional check.’ ”
“The patient had increased bleeding problem after the abortion procedure had been completed. The patient was transferred by private car to the local hospital. Also a review of the record titled “Complication Log” for the past year of 2012 revealed no documentation of a patient having a bleeding complication after an abortion procedure.”
“The facility failed to follow their own Emergency Medical Protocol for a patient transfer to the hospital.”

October 03, 2013

“[T]he facility failed to provide a safe environment for patients and staff.”
“[T]he facility failed to provide safe and sanitary equipment in the patients’ procedure rooms.”
The “suction machines which were being used on patients” had “numerous rusty spots” which had “the likelihood to cause infection.”
“[O]bservation in the pathology room under the sink revealed a large hole in the cabinet flooring. The hole was approximately 6 inches in diameter and the wood was splintered around the edges. The facility was storing sterilization solutions for cleaning instruments around the hole in the floor. The hole in the flooring had the likelihood to allow rodents to enter the facility and the splintered wood edges could puncture the sterilization solutions.”
“Pre-filled medication cups with approximately 2-4 pills in each cup. The medication cups were not labeled with the patient’s name, name of the medication, nor the strength of the medication. Also, observed were medication cups that had turned over and pills had fallen out of the medication cups. Surveyor questioned staff #9 how they would know which cup the medication belongs in. Staff #9 stated, ‘by the size of the pill.’ This medication practice had the likelihood to cause an error in the patients receiving a wrong dose of medication being giving to the patient and an infection to the patient.”
“The patient’s gestation did not fall within the parameter of the providing physician at this facility.”
“[T]he facility failed to file the post abortion complication call back forms in the patients record.”
“The facility failed to have a policy or procedure for patients being assessed at the facility who had the likelihood of developing health problems that had been discovered during their visit.”
“[P]atient #10 and #13 had no documentation that the heath issues found during the patient’s visit to the facility had been followed up with by a staff member or the physician.”
“[T]he facility failed to have the electrocardiograph monitoring equipment ready if an emergency situation occurred in the facility.”
“The cables to the defibrillator were not connected. The Administrator was observed trying to replace the recording paper in the defibrillator, but was unable to feed the paper correctly into the machine. In an emergency situation this has the likelihood to cause harm to the patient.”
“[T]he facility’s Quality Assurance Committee failed . . . to ensure outdated medication were not available for patient use.”
“Based on record review and interview, the licensed vocation nurse at the facility failed to legibly write her name and credentials on 12 of 29 records reviewed.”

Whole Woman’s Health of Fort Worth, LLC, 1717 S Main St, Fort Worth, TX 76110

March 15, 2011

“The facility had not ensured a safe environment, equipped to protect the health and safety of their clients, in that, they had expired equipment in an operating room. and expired medications in the Medication Area, where these items had been available for client use” The Clinical Director verified that the equipment was expired and “had been available for client use.”
“They had not labeled unidentified liquid used in 2 of 2 operating rooms.”
“2 of 3 areas where sterile supplies were stored contained packages of tenaculums that had been sterilized in the ‘closed’ position.”
“The facility had not ensured all staff providing direct patient care were currently certified in basic life support.”
“The Clinical Director did not have a current CPR” certification.”
Several medications were “not properly stored” and found: “sitting out on the counter top,” “unlocked cabinets,” “unlocked refrigerator,” and “unlocked safe.”
“Personnel at facility were not following proper sterilization procedures” by not correctly labeling sterilized tools.

Whole Woman’s Health of McAllen LP, 802 S Main St, McAllen, TX 78501

September 25, 2012

“No evidence of compliance was provided where noncompliance was identified.”

September 04, 2013

“No evidence of compliance was provided where noncompliance was identified.”
“[T]wo out of seven staff members had expired cardio pulmonary resuscitation (CPR) certification.”
“[P]ersonnel at facility were not following proper sterilization procedures.”

Whole Woman’s Health of San Antonio, 4025 E Southcross Blvd Bldg 5 Ste 30, San Antonio, TX 78222

August 29, 2013

“No evidence of compliance was provided where noncompliance was identified.”
“Based on observations, review of staff training records, and staff interviews Whole Woman’s Health of San Antonio failed to implement and enforce acceptable environmental controls in cleaning and preparing instruments for sterilization.”
“During an inspection of sterile processing area with the clinic administrator at 11:45 a.m. on 8/23/13 staff member # 4 demonstrated the process for receiving, decontaminating, and processing surgical instruments. The demonstration revealed several functions performed in the small room were not distinctly separated and prevented the sequence of moving items from soiled to clean without cross contamination.”
” . . . no evidence of staff training for environmental requirements.”
“[T]he administrator and the director of operations following their own review of the findings revealed they could not provide evidence of compliance with the (sterilization) requirement.”
“. . . Whole Woman’s Health failed to follow manufacturer’s instructions for the effective use of disinfectants to decontaminate or reduce the bio-burden in cleaning instruments prior to sterilization.”
“Upon testing the strength of the cidex the test strip revealed it failed and ineffective for use.”

2007 TX Actions WWH

Maryland State Senator calls for AG to charge abortion clinic owner with felony

Posted in Abortion, abortion clinic safety, Abortion Clinic Worders, Abortion complication, Abortion injury, Abortion Regulation, Abortionist, pro-choice, Pro-choice law breakers, Pro-Life, Steven Chase Brigham with tags , , , , , , , , , , on September 10, 2010 by saynsumthn

Doctors cited in Elkton abortion probe skip hearing
1 wins continuance, 1 has license revoked

This photo purportedly shows Dr. Stephen Chase Brigham, who has been ordered to stop performing abortions in Maryland, where he does not hold a medical license.
Related Documents

Riley Investigation Report
Shepard Investigation Report

Posted: Friday, September 10, 2010 2:15 By Jacob Owens jowens@cecilwhig.com

The Maryland Board of Physicians upheld the suspension of a medical license held by an 88-year-old obstetrician who has been linked to an investigation into an Elkton abortion clinic.
Dr. George Shepard Jr. served as the medical director for the American Women’s Services‘ five abortion clinics in Maryland. However, neither he nor his lawyer appeared at the post-deprivation hearing in Baltimore on Wednesday.

American Women’s Services is a chain of 15 abortion clinics in Pennsylvania, New Jersey, Maryland and Virginia owned by Dr. Steven Chase Brigham, who previously had his medical licenses suspended in three states.

Shepard’s role at Brigham’s five Maryland clinics in was to order medications that were then dispensed to the managers at each location, according to the board’s summary suspension report.

The board also maintains that Shepard’s responsibilities included ensuring that aborted fetuses were properly refrigerated and patients left the facilities in good health following their procedures.

Last month, the board began an investigation into the AWS clinic in Elkton after an 18-year-old patient who was 21 weeks pregnant was badly injured during a procedure and required emergency surgery at Johns Hopkins Hospital in Baltimore to repair her perforated uterus.

C. Irving Pinder Jr., the executive director of the state medical board, told the Baltimore Sun this week that Shepard was not thought to have been directly involved in that botched abortion procedure, but he was “aiding and abetting the practice of medicine by an unlicensed professional.”

Dr. Nicola Riley, the 45-year-old obstetrician who allegedly punctured the patient’s uterus during the Aug. 13 procedure, also did not appear before the board for a scheduled hearing Wednesday.

However, her lawyers, Christopher Brown and Sharon Krevor-Weisbaum, were granted a continuance.

“The board will reschedule the hearing for a future date, but their immediate schedule looks jammed,” Brown said. “We asked for the continuance because of the short turnaround time with the holiday.”

Brown said Riley would seek to keep her state medical license, which she obtained July 20.

The New Jersey Attorney General’s office also filed a complaint Wednesday accusing Brigham of illegally performing late-term abortions.

Officials in that office said they would seek to revoke or suspend Brigham’s New Jersey medical license for trying to circumvent state laws by taking patients to other states for abortions. A cease-and-desist order issued by the Maryland medical board alleges Brigham and Riley began the procedures in New Jersey, before requiring patients to drive their own vehicles to Maryland, where the abortions were completed.

In New Jersey, abortions cannot proceed if the fetus is older than 14 weeks, while Maryland does not specifically restrict second-trimester abortions.

Brigham’s New Jersey medical license is the only one he currently holds after forfeiting his Pennsylvania license in 1992 and his New York license was revoked in 1994. Subsequently, Florida revoked his medical license for failing to inform them of New York’s actions. He also chose to not renew his medical licenses in California and Georgia in the early 1990s.
According to state medical officials, Brigham does not possess a medical license in Maryland.

Since the allegations of botched abortions and questionable medical practices came to light, local politicians have gotten into the debate over Brigham’s clinics and the status of abortion in the state today.

On Thursday, Andy Harris, a Republican state senator and congressional candidate, said he believes the state should take additional and immediate action in regards to Brigham’s practices.

He said, the state’s attorney general’s office should launch an investigation into the four other AWS clinics to see if there are any other unlicensed physicians working at those locations.
“Second, in a clear signal that this type of shoddy medical practice is unwelcome in Cecil County, the Cecil County State’s Attorney office in should immediately charge Dr. Brigham … with a felony,” Harris, himself a medical doctor, said in a press release. “Practicing medicine without a license in Maryland is a felony punishable by up to five years in prison.”

Finally, Harris said the Maryland Department of Health and Mental Hygiene should begin inspecting, licensing and regulating all clinics in Maryland where late-term surgical abortions are performed because those procedures should legally be considered surgeries.

Delegate Michael D. Smigiel Sr. (R-Upper Shore) said he plans to introduce legislation next year to ensure abortion clinics hire only licensed physicians. He also said he would like to see sanctions against abortion clinics that perform late-term abortions

“Maryland law doesn’t even allow us to track the number of abortions in the state,” Smigiel said. “We need legislation that allows us to track abortion rates as well as keep basic info, like the age of patients, in order to protect our citizens.”

Lawsuit filed in abortion clinic death

Posted in Abortion, abortion clinic safety, Abortion complication, Abortion death, Abortion injury, Abortionist, Andrew Rutland with tags , , , , , , , , , , on August 16, 2010 by saynsumthn


Family sues doctor in abortion death
Aug. 16, 2010 By COURTNEY PERKES
THE ORANGE COUNTY REGISTER

The family of an abortion patient whose death was recently reclassified as a homicide has filed a malpractice lawsuit against Dr. Andrew Rutland.

Rutland, an Anaheim Hills obstetrician/gynecologist, faces discipline by the California Medical Board in the death of Ying Chen, 30. She sought an abortion at a San Gabriel strip mall clinic in July 2009, but suffered a heart attack and died from a fatal reaction to local anesthesia.

The suit, filed last month in Los Angeles Superior Court, was brought by Chen’s boyfriend, Zixiang Hu, on behalf of their 2-year-old daughter. It alleges that the clinic, which was also used for acupuncture, was not properly equipped to perform an abortion and that Rutland failed to adequately attempt to revive her.

“This is a doctor who performed a procedure he should not have been performing in those conditions,” said attorney Jeffrey Bell, who is representing the family. “He started a procedure, that if there were any complications, they weren’t prepared for it.”

Rutland has denied wrongdoing and called her death an “unpreventable complication to a local anesthetic” in a July 15 letter.

Chen’s death was originally ruled accidental, but the Los Angeles County coroner’s department changed the cause to homicide after receiving more information from medical board investigators. No criminal charges have been filed and the case is still under review, a spokeswoman for the Los Angeles County district attorney’s office said Monday.

A June report from the chief medical examiner described the circumstances leading to Chen’s death as “gross and wanton disregard for the well being of the patient.

Dr. Lakshmanan Sathyavagiswaran wrote that in a hospital setting with a trained anesthesiologist, “the outcome would have been different and the patient would have survived.”

He noted that the clinic, which was not licensed to perform abortions, was a “dangerous environment for any potential resuscitation.” He cited expired drugs, lack of oxygen and dangerous drugs stored in mislabeled drawers. Sathyavagiswaran said that in his opinion, “the death occurred at the hands of the physician due to his action and inaction.”

Another document from an anesthesiology consultant who reviewed the case said Rutland was not attempting to resuscitate Chen until a paramedic asked him if he knew CPR.

The original medical examiner, Dr. Yulai Wang, wrote in a report that he still believes the death was accidental, although “there were serious problems regarding physician and clinic.”

Rutland’s attorney, Paul Hittlelman of Los Angeles, said there was a “lack of unanimity” in the coroner’s office but declined to comment further. He said he was not aware of the civil suit.

Rutland lost his medical license in 2002 after settling with the board on a number of allegations by admitting negligence in the death of a baby who died after a forceps delivery. He was reinstated to practice medicine in 2007.

A hearing has been set for February to determine if Rutland will lose his license again. Earlier this year, a judge barred him from performing surgical abortions or delivering babies pending the outcome.

The wrongful death lawsuit also names Dr. Lars Erik Hanson of San Gabriel, who owned the clinic and also attempted resuscitation efforts. The medical board on Thursday filed a disciplinary action against Hanson, accusing him of running an abortion clinic that was not adequately equipped or staffed.

Additionally, the board documents accuse Hanson of unprofessional conduct, alleging that after Chen suffered the reaction, Hanson fled the scene. A police officer had to return him to the clinic, where he allegedly refused to cooperate with the investigation. Hanson could not be reached for comment.

Botched abortion case which led to coma may go forward

Posted in Abortion, abortion clinic safety, Abortion coma, Abortion complication, Abortion injury, Abortion Regulation, Abortionist with tags , , , , , , , , on August 16, 2010 by saynsumthn

Judge to review medical suit files
Woman says abortion botched seven years ago

Jimmie E. Gates
August 15, 2010

A 2005 lawsuit by a Jackson woman alleging an abortion doctor botched her procedure more than seven years ago may no longer be stalled, pending a judge’s ruling.

The lawsuit by Dashica Thomas and her husband, Christopher Thomas, was filed in Hinds County Circuit Court against Dr. Joseph Booker, Jackson Women’s Health Organization abortion clinic and its parent company, and others.

The botched abortion led to sepsis poisoning of Thomas’ body, said the Thomases’ attorney, Joe Ragland. Thomas was in a coma for more than a week, according to Ragland.

But there has been little action on the case. No trial date has been set. However, last week in court, Ragland said a factor stalling the suit was the inability to obtain documents from Booker.

“It’s a simple thing,” Ragland said of the request.

The documents Ragland seeks involve a civil suit Booker filed more than a decade ago over his eye surgery.

“You need good eyesight to perform an abortion,” Ragland said Friday.

William Hussey, an attorney for Booker and the Women’s Health Organization clinic, argued the information is not pertinent to the Thomas case.
“It’s 10 years old,” Hussey said of Booker’s suit in Harrison County.

Hinds County Circuit Judge Malcolm Harrison ordered Hussey to provide the documents to him for review. He will decide whether they should be turned over to Ragland.
Ragland said no trial date has been agreed upon because of scheduling conflicts.

The Jackson abortion clinic is the sole abortion clinic in the state.

Gross and dangerous abortion doctors international

Posted in Abortion, abortion clinic safety, Abortion complication, Abortion injury, Abortion Regulation, Abortionist with tags , , , , , , , , on June 18, 2010 by saynsumthn

The story below just proves that it is the CHARACTER of the child killing abortion industry which must be looked at – If you read my blog I have many many stories of US Docs botching abortions, committing sexual assault, pro-choice activists killing, botched abortions, abortion deaths , and unsanitary abortion clinics. This is just another (YAWN ) in a series of gross and dangerous abortion stories (hat tip to LifeSite News :

Reprimanded Canadian Doctor Told He May Only Perform Abortions

By Patrick B. Craine
OTTAWA, Ontario, June 17, 2010 (LifeSiteNews.com) – An abortionist at Henry Morgentaler’s Ottawa abortuary has agreed to restrict his practice following allegations that he failed to maintain an adequate standard of care. But pro-life groups are up in arms over the fact that he has been forbidden from practicing everywhere except in abortion facilities.

“Obviously abortion is at the bottom rung of the medical profession when the lowest of the low are sent to operate these clinics,” said Alissa Golob, head of Campaign Life Coalition Youth. “This situation screams discrimination. Imagine the college saying, ‘oh you’re too incompetent to treat the general public, but go ahead and look after the blacks.’”

Dr. Krzysztof J. Fabisiak was scheduled to appear this morning before the disciplinary committee of the Ontario College of Physicians and Surgeons owing to allegations against him from 25 patients. His record, publicly available on the College website, says that he was accused of having “failed to maintain the standard of practice of the profession and is incompetent in his care and treatment of Patient ‘A’, Patient ‘B’ and 23 patients.”

But a spokesperson for the college told LifeSiteNews that the hearing was cancelled after Fabisiak agreed to restrict his practice and the allegations were withdrawn.
“I, Dr. Krzystof Janusz Fabisiak, will practice only at the prescribed family planning clinics in Ottawa or Toronto or at a setting approved by the College,” the restriction reads. It also notes he has “voluntarily relinquished” his prescribing privileges, except for Tylenol 2 and 3.

The College would not explain the nature of the complaints against the abortionist. “There’s very little information that is available when a matter is withdrawn,” said spokesperson Kathryn Clarke. She said the allegations were related to “standard of care,” but noted that this is a “broad term.” She would not give specifics about how Fabisiak was alleged to fail providing standard of care.

Neither did Clarke say if the complaints were related to Fabisiak’s work at the Morgentaler abortuary. However, the facility at 65 Bank Street is listed as his primary practice; no other practice is listed in his record.

Mark Crutcher, President of Life Dynamics Inc., said that the College’s actions prove the fact that “the wash-outs from the leftovers of medicine wind up working in these abortion clinics.”

“No one goes to medical school with the intent of working in a Planned Parenthood or some other abortion clinic,” said Crutcher, whose group has done extensive research on the abortion industry in North America. “[Abortionists] either were such bad doctors they couldn’t get a legitimate practice going, or they were such bad doctors that they had a practice going that they destroyed because of their malpractice.”

Commenting on the College’s refusal to release details on the allegations, Crutcher asked, “If a woman’s going to trust her life and her health to him, shouldn’t she have the right to know what his history is?”

Morgentaler’s abortion conglomerate began over 40 years ago before the legalization of abortion. It has not been a stranger to charges of negligence and incompetence over the years.

In 1976, the Professional Corporation of Physicians of Quebec suspended Morgentaler’s medical license for a year, stating that he had not performed the proper tests before conducting abortions and did not follow up with clients afterwards. The committee, in fact, concluded he had “an attitude which is primarily directed to protecting his fees.”

In 1974, the Montreal Gazette reported that Morgentaler was reusing $3.30 disposable vacurettes (used for vacuum abortions) to the horror of the manufacturer, who pointed out that they would spread disease.

In a 1998 case, the Nova Scotia Supreme Court found Morgentaler’s Halifax facility guilty of negligence in post-abortion care, and awarded the victim damages of $724,547.66.

In 2003, Morgentaler’s Ottawa abortuary was sued for over $185,000 after a botched abortion. Documents submitted to the court explained that the woman contacted the abortion centre a week after the abortion to complain of bleeding and cramping and was told that the symptoms were normal. Shortly thereafter she was admitted to an Ottawa hospital where they removed the placenta and the baby’s remains.

In 1993, a woman told the Edmonton Sun that she had almost died at Morgentaler’s facility in that city because of internal bleeding after the abortion.

REAL Women of Canada has reported in the past that Morgentaler has often paid large settlements in order to prevent complaints from going public.

“It appears that Morgentaler’s standard of care has not really been elevated over the years,” said Mary Ellen Douglas, national organizer of Campaign Life Coalition. “It appears he’s still running the same type of practice with the people he’s got working for him.”

“The irony is truly astounding,” said Golob. “Abortion is supposed to ‘help’ women, yet those committing these abortions are the most incompetent doctors around.”

Grand Jury to Investigate Abortion doc for two deaths and FBI raided clinic called house of horrors

Posted in Abortion, abortion clinic safety, Abortion complication, Abortion death, Abortion injury, Abortion Regulation, Kermit Gosnell with tags , , , , , , , , on May 7, 2010 by saynsumthn

Grand jury to probe West Philly abortion doctor
By DAVID GAMBACORTA
Philadelphia Daily News

A local grand jury is investigating Kermit B. Gosnell, the embattled West Philadelphia abortion doctor who’s been linked to the deaths of two patients.

Tasha Jamerson, spokeswoman for District Attorney Seth Williams, yesterday confirmed the grand jury’s involvement in the case.

She said she was unable, however, to discuss the specifics of the investigation.

William Brennan, Gosnell’s attorney, said that he tried several times to reach the 69-year-old physician by phone yesterday but that the two never spoke.

Brennan reiterated that Gosnell has not been charged with any criminal wrongdoing, despite separate investigations by state, federal and local officials into his practice, the Women’s Medical Society, at 38th Street and Lancaster Avenue.

The attorney said a grand jury’s involvement with a case “usually means the commonwealth doesn’t feel they have strong enough evidence to proceed.”

Yesterday’s development came on the heels of rumblings from the Pennsylvania Department of Health, which is seeking to have the West Philly clinic’s abortion license revoked.

In mid-March, the agency released an order that found the conditions of Gosnell’s practice violated more than a dozen state laws.

He was required to respond within 30 days, but never did, said Health Department spokeswoman Stacy Kriedeman.

The department filed a motion on April 20 to have the clinic’s abortion license pulled. Gosnell failed to respond to that motion as well, Kriedeman said.

But the trouble doesn’t end there for Gosnell, who has spent most of his 43-year medical career serving residents in Mantua and West Philly.

On May 20, he is due to appear at a disciplinary hearing before the state Board of Medicine, which will consider whether to permanently revoke his medical license.
The state temporarily suspended Gosnell’s medical license on Feb. 22, a few days after the FBI and Drug Enforcement Administration raided the clinic.

Investigators believed that Gosnell was doling out pain prescriptions illegally.

State officials later said they found that the clinic resembled a house of horrors, complete with bloodstained floors, unlicensed workers who tended to patients and jars of fetus remains.

Numerous former patients came forward and recalled disturbing tales of botched abortions that they claimed to have received from Gosnell.

Some of the accusations were backed up by court documents from 10 malpractice lawsuits that were filed against Gosnell over the years.

In March, health officials in Delaware supsended Gosnell’s license to practice in that state, citing concerns over the allegations that had come to light in Pennsylvania.

The National Abortion Federation also said it refused Gosnell’s request to become a member after its investigators found more than a dozen violations of the federation’s guidelines during a visit to the clinic.

Gosnell defended himself in an interview with the Daily News on March 11.

“No one is perfect. Everyone tries to be perfect. I aspire to perfection, certainly for my patients,” he said.