Kermit Gosnell, doctor from your nightmares, was recently indicted on 8 murder charges (seven infants and a young Bhutanese refugee that died after a procedure at Gosnell’s clinic) after federal agents raided his Philadelphia practice and found it’s conditions and practices to be abominable. But how did Dr. Gosnell keep open a practice that operated with unqualified personnel, deplorable conditions, and a wealthy history of medical malpractice?
Depraved Medicine and the Lax Security that Allowed it to Continue
The jury at Gosnell’s indictment theorized why Gosnell was able to carry on the way he did for so long.
“We think the reason no one acted is because the women in question were poor and of color,” the report said, “and because the victims were infants without identities, and because the subject was the political football of abortion.”
A spokesman for Pennsylvania Governor, Tom Corbett, issued a statement stating that the Governor “was appalled at the inaction on the part of the Health Department and the Department of State,” two entities that failed miserably to effectively oversee the clinic.
Complaints against Gosnell and his personnel began as early as 1983. Shelly Thomas, a patient/victim of Gosnell, described her experience at the clinic,
“It was like walking into a nightmare. Everyone was sedated, no one was making sense. People were slumped over and waiting in line like they were going into a soup kitchen.”
Thomas awoke from her procedure soaked in her own blood while people tried to load her into an ambulance. Her uterus was punctured. The hospital performed a partial hysterectomy to save her life. Gosnell offered her $500 as compensation for complications that arose from her $800 abortion.
Federal Raid Discovers Filth
The report provided by the agents that raided the clinic last February described the clinic as smelly and squalid. It noted pools of blood on the floor, a urine stench, and cat feces on the stairs the day they arrived. Women were semiconscious and moaning, sitting on dirty recliners with blood-stained blankets.
For 16 years, Gosnell’s clinic went without inspection. No inspection took place after a malpractice settlement of $1 million was paid to the family of a 22 year old woman that died of an infection acquired in the clinic, and nothing after a Bhutanese refugee died on a table in Gosnell’s office from an anesthesia overdose.
Janice Stoloski, an official at the Health Department, claimed that they did not begin investigations because they didn’t have the authority to do so. Christine Dutton, chief counsel for the department, defended their actions with a touching, “People die.”
Medical Malpractice Lawyers in New Jersey and Philadelphia
Today, it seems that there are two kinds of doctors. Some doctors are the caring and educated people that we look up to; the people we trust, and turn to in our times of greatest need. Others are greedy, selfish, and have no concern or respect for human life. Kermit Gosnell is surely one of these doctors, and hardly deserves to be referred to as doctor, no matter what his degree says. These doctors cause pain and suffering for not only their patients, but families and communities as well.
If you or a loved one have suffered at the hands of a negligent medical provider, do not hesitate the contact the Mininno Law Office for a free case evaluation. The medical malpractice lawyers at the Mininno Law Office are experienced in earning full and fair compensation for victims of medical malpractice living with the permanent effects of their negligent care. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
On August 29, 2000, Richard Flagg was admitted to Meadowlands Hospital to have portions of his left lung removed due to a cancerous tumor. His surgeon was Dr. Santusht Perera. When Richard awoke, Dr. Perera informed him that during surgery he found an even larger tumor on his right lung, and that by removing portions of that lung instead, he had saved his life.
Lathenia Petty saw Dr. Heidi Weston, of Penn University Health System, about the lump she felt on her breast. Weston was concerned about the mass as well, and ordered a mammogram and an ultrasound. Lathenia then took her prescription to Pottstown Memorial Hospital. The radiologist report stated that the results of the tests were suspicious, and that a biopsy was necessary to check for cancer.
Kiarra Smith was born 3 months pre-mature and weighed only one and half pounds. Life began as a struggle for the tiny infant. Fifteen days after her birth, Kiarra was given an extreme dosage of nutrients, over 100 times her prescribed dose. The error led to cardiac arrest and other severe complications, including blindness.
Sleep deprivation can affect a surgeon or physician’s clinical and physical performances as severely as alcohol intoxication, and therefore increase risk of medical malpractice. But for a hospital, the task of ensuring that it’s surgeons are not suffering from fatigue has proven quite a challenge. Hospitals are in need of 24/7 coverage of clinical procedures, and must provide continuous care. Hospital trainees currently have work regulations set forth by the Accreditation Council of Graduate Medical Education that restrict them to a maximum of 16 consecutive working hours followed by a minimum of 8 hours off-duty. These types of regulations do not currently exist for fully trained physicians, who work multiple on-call and overnight shifts a week, strategically placing elective surgical procedures in between.
A key issue in the tort reform debate involves “defensive medicine.” Supporters of 
White House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems. 
Chad Aders, 37, was prescribed a Duragesic patch in the ER by Dr. Bryan Lilly in July of 2004. The patch contains a very potent narcotic called Fentanyl that enters the bloodstream through the skin. Dr. Lilly prescribed 75 micrograms of the drug which is well over the manufacturer’s reccomendations. Aders took the prescription to the drug store, got it filled, applied the patch as he was told, and went to bed. He was found dead in his bed the following day. His children were seven, eight, and seventeen. 
As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them.