Abortion clinic disputes fi nding of emergency, $40K fi ne
The Ohio Department of Health proposed fining Toledo’s only abortion clinic $40,000 for failing to follow protocol for transferring patients to the hospital in a medical emergency.
State inspectors say Capital Care Network didn’t follow its “medical emergencies policy” April 1 when a patient suffered a “possible perforation of bowel in cavity” following an abortion.
Attorneys for the clinic have requested a hearing to dispute the findings and pending fine.
“This was a potential complication. There was no medical emergency,” said Jennifer Branch, attorney for Capital Care. She questioned the department’s release of the findings on Aug. 21, more than four months after an April 11 inspection.
The state’s leading antiabortion rights group, Ohio Right to Life, released a copy of the inspection report, obtained with a public record’s request, Monday, the day before the Ohio Supreme Court hears arguments in a case to decide whether to in effect shut down Capital Care. That matter involves the clinic’s hospital transfer agreement in case of emergency but is unrelated to the incident cited in the inspection.
According to the inspection report, the doctor who performed the abortion “wrote to transfer the patient to the hospital for an ultrarsound.” A staff member then drove the patient and her companion to a Toledo hospital in a private vehicle.
“They didn’t have a car so I was told to drive them to Toledo Hospital so she could get checked out,” the staffer told inspectors.
Asked why the clinic’s “medical emergencies” policy was not followed, the staffer told inspectors, “I guess the doctor didn’t feel it was much of an emergency.”
Inspectors said that according to clinic policy, emergency responders are to be called in case of emergency and, until they arrive, staff is to remain with the patient and perform first aid as directed. The clinic also failed to send medical records to the hospital with the patient as required.
Branch said Monday that the patient was sent to the hospital “as a precaution. The patient was stable, asymptomatic, and did not suffer any complications. However, the decision was made to refer her for testing to make sure there were no complications. Tests found no problems.complications.
“Capital Care vehemently disputes (the health department’s) suspiciously timed findings and fine,” Branch said.
Abortion opponents said Monday the incident underscores the need to close the clinic.
“Will a woman have to die before this facility is shut down for good?” said Michael Gonidakis, president of Ohio Right to Life.
“The Health Department investigation revealed that a woman’s life was in danger and she needed real medical care, yet Capital Care couldn’t be bothered to even call 911 and ensure that the woman received real care.”
After losing its transfer agreement with the University of Toledo Medical Center because of the ban, Capital Care secured a new one with University of Michigan Health System in Ann Arbor, Michigan. But health department officials declared that a hospital 52 miles away is not local.
Judges with both the Lucas County Common Pleas Court and Ohio’s 6th District Court of Appeals in Toledo disagreed with the state and ruled in favor of the clinic, allowing it to remain open.