18 Nov

Dont Protect Gosnell Through Federal MedMal Limits

On November 20, 2009, 41-year-old Karnamaya Mongar made the wrong choice, a horrible decision that ended two lives that day. She chose to have an abortion at the clinic run by Dr. Kermit Gosnell in Philadelphia. Not only did Gosnell kill Mongar’s unborn baby, but he butchered her so she experienced severe pain, then shot her up with so many pain-killers that she died on the spot. The city of Philadelphia finally realized what Gosnell and his untrained, unlicensed staff have been doing in his “house of horrors” and indicted them for allegedly murdering multiple women and live babies. Mongar’s family hired a top-notch Philadelphia law firm and has filed a civil suit against Gosnell for medical malpractice.

But medical malpractice suits brought by families of other Gosnell victims could be severely limited in impact, and Gosnell allowed to keep much of his “blood money,” if federal limits are imposed for the first time on medical malpractice suits. The bill designated H.R. 5 will be debated and voted upon next week in the House Judiciary Committee. It would sharply limit non-economic and punitive damages, so Gosnell wouldn’t feel the sting of a jury verdict on his assets. And the bill would mandate that a jury sit there and listen to Gosnell as he tries to spread the blame for the deaths to his patients.

Ms. Mongar and the other women butchered in that clinic made the wrong decision, but that doesn’t justify murder. My view as a pro-life Christian is that Gosnell and his staff deprived the dead women of the opportunity to reclaim their lives and repent for the sin of the abortion – they took that away from their patients. The babies Gosnell killed, born and unborn, cannot take his blood money away. Only the families of the women who were mutilated by Gosnell can ensure he is punished financially so he can’t just access his assets someday and start over. Congress shouldn’t protect Gosnell from justice, delivered by a local jury in a court of law.