Dallas Fort Worth Injury Lawyer Blog
A woman aged 18, went to an abortion clinic outside Miami and paid $1,200 for the doctor to terminate her 23-week pregnancy.
Three days later, she sat in a reclining chair, medicated get her ready for the procedure.
The doctor did not arrive in time. According to the woman and the Florida Department of Health, she went into labor and delivered a live baby girl.
What happened next has shocked people on both sides of the abortion debate: One of the clinic’s owners, who has no medical license, cut the infant’s umbilical cord. The woman placed the baby in a plastic biohazard bag and threw it out.
Police recovered the decomposing remains in a cardboard box a week later after getting anonymous tips.
“I don’t care what your politics are, what your morals are, this should not be happening in our community,” said Tom Pennekamp, a Miami attorney representing the woman in her lawsuit against the doctor and the clinic owners.
The state Board of Medicine is to hear the doctor’s case and determine whether to strip his license. The state attorney’s homicide division is investigating, though no charges have been filed.
New York records show that the doctor has made at least five medical malpractice payments in the past decade, the circumstances of which were not detailed in the filings.
The Department of Health believes the doctor committed malpractice by failing to ensure that licensed personnel would be present when the woman was there, among other missteps.
The department wants the Board of Medicine, a separate agency, to permanently revoke the doctor’s license, among other penalties. His license is currently restricted, permitting him to only perform abortions when another licensed physician is present and can review his medical records.
Legal Analysis:
This doctor had a duty to this woman to ensure that the termination of pregnancy was carried out with the standard of care of ordinary prudent obstetric doctors. He deviated from the standard of care and this deviation lead to damages.
This case has affected people on both sides of the abortion debate. This doctor has failed both ethically and morally in his treatment of this woman. An indefensible case.
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Fort Worth Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.