COLUMBUS — A hearing began Wednesday to determine if Toledo’s only abortion clinic will face a fine for violations cited by the Ohio Department of Health during an April, 2017, inspection.
At issue is an incident following a surgical abortion on a woman who was 11.5 weeks pregnant on April 1, 2017. The state contends Capital Care Network violated its own emergency procedure when a clinic staff member drove the patient to the hospital to seek further testing instead of summoning an ambulance after the doctor who performed the abortion thought the patient might have a perforated bowel or uterus.
The Ohio Department of Health has proposed a $40,000 fine for the cited violations. State hearing officer Karl Schedler is presiding over the session, which will continue Thursday.
The clinic contends the trip to the hospital was a precaution and the doctor did not believe the patient was in an emergency condition, therefore would not trigger the clinic’s emergency policy.
Dr. Ann Nunnally, an OB-GYN at the clinic, testified that the patient’s vital signs were normal and she did not show any signs of distress. Because of this, and the fact that neither the patient nor her partner had a car and neither had money for a taxi, the doctor approved of the decision rather than have them walk.
“Someone suggested one of the staff might be able to take her and I said that’s fine,” she said, adding that her medical opinion was the situation didn’t warrant it.
“Because she was stable, I did not feel like it was a life-and-death emergency,” she said.
Henry Appel, principal assistant attorney general, refuted that notion, asking if the possibility of more serious complications should have required an ambulance that would have the tools necessary for medical intervention.
Further testing at ProMedica Toledo Hospital showed the patient did not suffer complications and she was observed and released, Capital Care attorney Jennifer Branch said.
Other testimony detailed cited violations relating to record keeping and policies for patient complications.
Ohio Department of Health surveyor Lisa Wilson testified that she did not receive various paperwork requested when inspecting the facility April 11, 2017. She expressed concern at the decision to have a staff member drive the patient, adding that she didn’t “think it shows very good judgment.”
Victor James, a compliance consultant for Capital Care said the staff underwent training after the incident to improve knowledge around those documents and where to find them.
Contact Lauren Lindstrom at llindstrom@theblade.com, 419-724-6154, or on Twitter @lelindstrom.
First Published June 27, 2018, 5:45 p.m.