Three years ago, a 22 year old Cape Cod woman, Laura Hope Smith, died following an abortion procedure. The estate of Ms. Smith is represented by a Boston medical malpractice attorney and there will surely be a civil lawsuit for her wrongful death. What makes this case interesting is that the Commonwealth of Massachusetts is charging the obstetrician, Dr. Rapin Osathanondh, with manslaughter.
Medical malpractice, generally, is a civil action between the injured party and the doctor who failed to treat the patient with the necessary care. If the plaintiff can prove that the doctor was negligent, he or she may collect personal injury damages. In this case, the care offered to Ms. Smith was so far below the necessary standard of care that the Commonwealth of Massachusetts believe it was criminal behavior and have charged the doctor with felony manslaughter. The prosecutors allege that Dr. Osathanondh’s negligence was “willful, wanton, and reckless.”
The board (of medicine) said Osathanondh did not have any means of monitoring Smith’s heart, and did not have oxygen or a functioning blood pressure cuff in the room during Smith’s abortion. The board also alleged that he “failed to adhere to basic cardiac life support protocol” and did not call 911 in a timely manner.
Osathanondh was also accused of deceiving staff members by claiming he gave Smith oxygen during the procedure and by saying that Smith was monitored by a pulse oximeter during her procedure. Neither step was taken, the board said.
Dr. Osathanondh, or his insurance company, will most likely pay the Estate of Ms. Smith for her unfortunate loss. It is quite uncommon for doctors to be charged with criminal cases in addition to the civil lawsuit by the family, so this will be very interesting to follow. To add another twist to this case, the defense must be careful to select jurors who will listen to the facts of the case and not find Dr. Osathanondh guilty of manslaughter because he performs abortions.