California Abortionist Accused of Homicide In Patient Death

Rutland blames Operation Rescue/local activists for his troubles while failing to take responsibility for his own negligence

San Diego, CA – The Medical Board of California amended a complaint on Wednesday against troubled abortionist Andrew Rutland to include the charge of homicide in the death of Ying Chen. The action came after the Los Angeles County Coroner’s Office reclassified Chen’s death as a homicide in June.

A revocation hearing before the Medical Board is scheduled for February, 2011.

Rutland had committed a second trimester abortion on Ying Chen at a dirty, unlicensed acupuncture clinic in San Gabriel, California, during which he administered an overdose of lidocaine. He failed to recognize the symptoms of the overdose and the patient went into cardiac arrest. He and his staff were untrained and unequipped to handle the medical emergency. After a “significant delay” in contacting 911, the woman was transported to a local hospital where she died six days later. Chen’s death was originally classified as accidental.

Rutland has a long history of Board discipline and other problems. His medical license was revoked in 2003 for severing a baby’s spinal column during a forceps delivery, then lying to the parents by telling them that their baby suffered a stroke. The baby later died. His license was reinstated in 2007 and Rutland was placed on 5 years probation with the restriction that he operate only under the supervision of another physician.

Last October, Operation Rescue reported that Rutland was violating his probation by engaging in the solo practice of medicine at an abortion clinic in Chula Vista. We asked our supporters to contact the California Medical Board and demand that his medical license be revoked.

On November 3, 2009, an Inspector from the California Medical Board attempted to inspect Rutland’s stock of drugs and his records at his Chula Vista clinic, but was refused access by Rutland’s staff.

In January, the Medical Board asked for an emergency suspension of Rutland’s license until the Board could work through the lengthy process to finalize revocation. During that hearing, a judge blocked Rutland from doing abortions, but allowed him to continue office consultations.

Operation Rescue learned in February that Rutland was continuing to administer the abortion pill and contacted the Board with the evidence. Judge James Ahler later amended his order to allow Rutland to continue to the chemical abortions, as long as he did not engage in surgical abortions.

In response the reclassification of Chen’s death as a homicide, Rutland sent an angry letter to a list of elected officials and others, including Oprah Winfrey, demanding an investigation into “clandestine collaborations of national antiabortion group organizations and local antiabortion activists with the Medical Board of California.” Rutland singles out Operation Rescue and complains that we used “clandestine political collaborations” to force several abortionists out of business. He opines that everyone from the Medical Examiner, to the hospital, to the police officer who investigated Chen’s death were all involved in some plot against him.

“Rutland has proven himself to be a dishonest man who presents an ongoing danger to the public. It was his own negligence and attitude that he is above the law that has landed him in repeated trouble with the Medical Board,” said Operation Rescue President Troy Newman.

“Rutland complains that his problems are somehow the result of an anti-abortion plot. He is upset that authorities would hold him accountable to the law, but what he really wants is to be treated as if no laws apply to him. People are dying due to his shoddy work and Operation Rescue is proud of any small part we may have played in bringing him to justice.”

Read Amended Complaint
Read Rutland’s Letter (courtesy of CaliforniaWatch.org)

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Links to news coverage, video of this story below

Topeka, KS – The Kansas Board of Healing Arts set a hearing date yesterday in the case of abortionist Ann Kristin Neuhaus, who signed off on late-term abortions for George Tiller at his infamous clinic in Wichita, Kansas. The Board has charged Neuhaus with a range of violations, including failure to provide adequate patient evaluations and shoddy record-keeping for eleven patients who received post-viability abortions by Tiller in 2003.

Neuhaus will face an evidentiary hearing before the Board on January 11, 2011. While Neuhaus faces no criminal charges, Board discipline could include license suspension or revocation.

Kansas law bans abortions after viability, or 22 weeks, unless continuation of the pregnancy endangers the life or presents “substantial and irreversible impairment of a major bodily function” of the woman. This law has been interpreted to include mental health exceptions, as long as the condition meets the standard of “substantial and irreversible” impairment to the woman’s mental health. A second referring physician must concur that the abortions meet the strict exceptions in the law.

Between July 22 and November 18, 2003, the dates for the abortions of the eleven patients listed in the Board’s disciplinary petition, Neuhaus was the only person who provided those referrals. Each referral was based on mental health exceptions.

The eleven records contained one diagnosis of “Anxiety Disorder,” three diagnoses of “Acute Stress Disorder,” six instances of “Major Depressive Disorder, Single Episode.” One 13-year old patient who was 25 weeks pregnant had no specific psychiatric diagnosis listed to justify her exception to the Kansas law banning post-viability abortions.

None of those abortions met the standard of “substantial and irreversible” mental health impairments, according to Dr. Paul McHugh, a highly respected expert in psychiatry with Johns Hopkins University Hospital who reviewed the abortion records and submitted an affidavit on his findings at the request of then-Attorney General Phill Kline, whose office was investigating abortion abuses. McHugh later stated in an interview that it was his opinion that information in the records was inadequate to come to any psychiatric diagnosis, and that he could see no case among the files he examined in which a late-term abortion could be justified under Kansas law on psychiatric grounds. (Watch the McHugh Interview)

Since the abortions did not meet the legal standard of presenting “substantial and irreversible” mental health risks, it would have been illegal and unethical for Neuhaus to sign off on them.

“The Board must consider the severity of rubber stamping abortions on viable babies that the laws were designed to protect. It is tantamount to signing a death warrant for these babies that could survive, if birthed. The fact that she did so in such a negligent way makes the needless deaths of these babies even more unconscionable,” said Operation Rescue spokesperson Cheryl Sullenger, who filed the complaint with the Board that resulted in the disciplinary petition against Neuhaus.

While Tiller’s clinic is now closed and Neuhaus appears to be taking a professional hiatus, Operation Rescue has no doubt that under the right circumstances, Neuhaus will go back to the abortion business in some capacity if she is allowed to keep her medical license. That would present an unacceptable danger to the public.

“The Board has disciplined Neuhaus twice before with half-measures that have failed to persuade her to amend her ways. Her attitude has remained one of defiance. The only thing that will stop her from further victimizing women and babies is full license revocation. We pray that the Board will agree to do that at the January hearing,” said Sullenger.

Read previous story with links to documents
Read AP Story by Roxana Hegeman
Read Story on LifeNews.com
Read Story on LifeSiteNews.com
Story at onenewsnow.com (American Family News)
Watch news coverage from KWCH in Wichita, Kansas:

 

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Wichita, KS — The Kansas State Board of Healing Arts has filed an 11-count petition recommending that abortionist Ann Kristin Neuhaus be disciplined for negligence and violations of the Healing Arts Act for late-term abortion referrals she made to George Tiller in 2003.

The petition was based on a complaint first filed by Operation Rescue Senior Policy Advisor Cheryl Sullenger in October, 2006, and amended in February, 2007. Sullenger was notified of the petition in a letter from the KSBHA dated July 21, 2010. The letter indicated that the petition had been filed on April 16 of this year and that an evidentiary hearing will soon be scheduled. Neuhaus could face revocation of her medical license.

Sullenger discovered that Tiller used only Neuhaus as the legally-mandated second referring physician for all his post-viability abortions, an arrangement that created a symbiotic financial relationship that appeared to violate the law that prohibited legal or financial affiliation between the abortionist and the second concurring physician.

In 2008, Attorney General Paul Morrison agreed and filed 19 criminal charges against Tiller for violating the unaffiliated physician requirement of the Kansas ban on post-viability abortions. Tiller went to trial on those charges in March, 2009, and was acquitted by a jury of six.

However, in a surprising twist, just minutes after the verdict, the KSBHA announced that it had filed an 11-count disciplinary petition against Tiller based on the same allegations at issue in the criminal trial. In a press statement, the KSBHA told the public that the trial’s outcome would not affect the KSBHA’s plans to discipline Tiller since the Board operated under a different burden of proof than criminal courts.

Operation Rescue was convinced that Tiller was preparing for retirement and would soon close to avoid Board discipline. Tiller associate LeRoy Carhart confirmed at a banquet earlier this year that Tiller had in fact announced his impending retirement to his staff just two weeks before his death.

Aftter Tiller was shot and killed in May, 2009, the KSBHA informed Sullenger that the case against Tiller was closed. Operation Rescue was among the first to denounce Tiller’s murder.

The Neuhaus complaint is based on the same eleven patient files that were the basis for the Tiller disciplinary petition. Patients range in age from 10-18 years old with gestational ages between 25 and 29 weeks. All eleven patients were referred to Tiller for post-viability abortions based on mental health concerns between July and November, 2003.

Information about the patients’ abortions was gathered from files produced under subpoena at the request of former Attorney General Phill Kline, who fought a 3-year legal battle with the Kansas Supreme Court over access to the incriminating abortion records. Identities of the women are protected and were never sought.

Neuhaus came under Board discipline in 1999 and again in 2001 for medical abuses, which included violations of consent laws, shoddy record-keeping, and lack of proper patient care. The KSBHA declared at that time that Neuhaus was a “danger to the public” and limited her ability to practice medicine.

In the current petition, Neuhaus is accused of the following in each of the eleven counts against her:

• Failure to perform adequate patient interview
• Failure to obtain adequate patient history
• Failure to adequately evaluate the “behavioral or functional impact” of the patient’s condition and symptoms
• Failure to meet the standard of care to the degree of constituting ordinary negligence
• Failure to keep adequate medical records

“This petition is verification that we were correct about our allegations that Neuhaus and Tiller were operating outside the law. It is also evidence that the efforts to work peacefully within the legal system that have been employed by us for over two decades are effective at exposing abortion abuses and bringing the perpetrators to justice. The system isn’t perfect, but it does work,” said Sullenger.

“We wish that this petition had been filed years ago, when our complaint was first made, but are thankful for the Board’s willingness to pursue this matter against an abortionist who has been illegally operating for years in a manner that has endangered the lives of women and cost the lives of viable babies that the laws of Kansas were enacted to protect.”

Read KSBHA letter to Sullenger
Read the KSBHA petition against Neuhaus

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