Legal Criteria Not Met for Abortion of Viable Infants

In December of 2006, Dr. McHugh reviewed the medical records that were at the center of the 30 charges Kline filed against Tiller dealing with 15 late-term abortion from 2003. The records Dr. McHugh reviewed were the complete records kept by Tiller's clinic for those abortions.

During an interview Monday, June 11, McHugh said that, in his professional opinion, information in the records does not meet the criteria required by Kansas law for abortions of viable (able to live outside the womb) babies. That criterion is that without the abortion the woman will suffer "substantial and irreversible impairment of a major bodily function."

Former Kansas Attorney General Carla Stovall's issued an opinion interpreting that statute in 2000. In it, the term "bodily function" was said to include mental health, while maintaining that the threatened impairment must be "substantial and irreversible" to justify the abortion.

Today at a Lenexa, Kansas studio, Dr. McHugh recorded a statement about the medical records at issue during an interview set up by Women Influencing America, an ad hoc group critical of the Tiller situation. He said determinations of mental health to justify late-term abortions of viable infants were not professionally done by either Dr. Tiller or the legally required "second doctor." (Kansans for Life Note: Neither George Tiller, nor Kristin Neuhuas (allegedly the "second doctor" in the 2003 records) are board certified OB-GYN's, and both have worked mainly as abortionists. Nor are either known to have any mental health training.

Dr. McHugh said that the Tiller/Neuhaus diagnoses in the records of "major depression/single episode" and "adjustment disorder" were in no way "irreversible" and that, in fact, the field of psychiatry exists in order to successfully overcome such problems.

Dr. McHugh explained that the information in the records, as provided by the women involved, showed that they might be "demoralized and disheartened and discouraged," but, as such, did not constitute 'single episode major depression and adjustment disorder'. McHugh added that such a disorder could not be construed without a more extensive medical history and significant patient interviews to provide the necessary information. He also wondered why, if indeed the women had suffered from such diagnoses, there was no evidence of any follow-up care, or plans for such care.

McHugh stated categorically that there was no psychiatric condition for which abortion was a cure.

According to McHugh, Tiller's practice relating to late-term abortion clients seems set up to justify any reason for such abortions while reinforcing a young woman's negative view of her circumstances seemed to be standard care, rather than encouraging a healthier, long-term positive approach. Tiller's approach circumvents substantive exploration of the pregnant woman's alternatives, support structures, legal rights, adoption possibilities, and education opportunities yet available after the birth of a baby.

McHugh specifically mentioned one Tiller patient record that included a notation that, without the abortion, the woman's education opportunities would cease to exist and studies showed she would inevitably have more pregnancies. Dr. McHugh called these prejudicial social predictions, not psychiatric diagnoses.

He noted another Tiller patient record showed the suicidal ideation might increase without the abortion, yet all studies show that pregnancy actually reduces the risk of suicide.

Lenexa, KS - The leading witness against abortionist George R. Tiller broke his six month silence today by granting an on camera interview arranged by Women Influencing America. Dr. Phillip McHugh has recorded a statement answering questions about abortion records involved in the highly charged criminal case against Tiller. Dr. McHugh, from Boston, Massachusetts, is a published author and an expert in the field of psychiatry.

The 30 criminal charges against abortionist Tiller were based, in part, on the avadavat submitted by Dr. McHugh after he carefully analyzed the abortion medical records. Dr. McHugh dropped a political bombshell by stating that in his professional opinion:

1. The information in the abortion records indicate there was inadequate information on which to make a psychiatric diagnosis.
2. Nothing in the records constituted a "substantial and irreversible" risk to the woman if she continued her pregnancy.
3. Tiller's abortion clinic is misusing psychiatry to wrongly justify providing late term abortions.
4. None of the information shown to McHugh was adequate to justify a late-term abortion under Kansas statues.
5. The late-term abortion justification was based more on societal issues rather that on firm psychiatric or mental health standards.

Dr. McHugh will be involved in a panel discussion, hosted by Women Influencing America, on June 12, at the Double Tree Hotel, Overland Park Kansas at 7:00pm. Members of the media and the public are invited to attend. McHugh will be available to answer question from members of the audience.

"Now we have yet another expert testifying that Tiller is flouting Kansas law and blatantly killing health viable children. I look forward to hearing more testimony from Dr. McHugh tomorrow evening, please join me there." Troy Newman, President Operation Rescue