Case Against Abortion Doctor Is Reopened

The Medical Board of California on Friday reopened the case of a Los Angeles abortion doctor whose license was suspended for one year for negligence in the deaths of two patients, at the request of officials who now want to revoke the license altogether.

The unusual order came at the request of the state Attorney General’s office and medical board Executive Director Dixon Arnett, who urged panel members to consider harsher action against Dr. Leo F. Kenneally.

Kenneally reputedly has performed more abortions than any other doctor in the state.

Just one month ago, the board agreed with a decision by an administrative law judge to suspend Kenneally’s license for one year and place him on probation for another 10 years.

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In recommending the disciplinary action, Administrative Law Judge Milford A. Maron found that Kenneally at times was guilty of gross negligence and incompetence. But he also called Kenneally “an unselfish and committed provider, serving the poor in a community that is grossly underserved medically.”

Kenneally, who has performed an estimated 100,000 abortions over a decade for low fees, operates clinics under the name Her Medical Clinics in Central Los Angeles and in Pacoima.

Two young women died after undergoing abortions at the Los Angeles clinic, allegedly because of gross negligence and incompetence in conditions that Arnett described as, “in my view, the most egregious violations of the Medical Practice Act that I have seen.”

But attorney Jay Hartz, who represents Kenneally, said a medical expert contends that the patients died of natural causes. “To hold Dr. Kenneally responsible for these deaths is just ridiculous,” he said.

Hartz demanded the removal of Arnett and accused him of politicizing the medical board’s review of physicians, charging that the board is giving in to anti-abortion activists who are trying to strip abortion doctors such as Kenneally of their right to practice. According to Maron, Kenneally probably has performed more abortions than any other solo provider in California.

But Arnett, who described himself as a supporter of abortion rights, discounted that argument, saying, “The issue is not abortion, but public safety.”

Hartz said the medical board’s retreat from its earlier decision makes him “distrustful--and undermines the board’s credibility.

“I think the board is afraid of its own shadow,” Hartz said. “It’s a weak board, and anytime anybody blinks at it, it’s going to respond.”

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The complaint filed by the Attorney General’s office against Kenneally accuses him of failing to properly care for a 22-year-old asthmatic woman who suffered a seizure during an abortion in 1986.

Instead of halting the procedure to respond to the medical emergency, the complaint said, Kenneally continued to perform the abortion. The woman was later taken to a hospital, where she was pronounced dead.

In the second case, the complaint said, Kenneally neglected to summon paramedics promptly when an 18-year-old patient stopped breathing and went into cardiac arrest in 1987. Again, he continued with the abortion instead of stopping to treat her life-threatening symptoms, the complaint said. The woman died in a hospital 58 days later.

The complaint also cited five other cases in which the doctor was accused of mishandling abortions that resulted in severe loss of blood, permanent sterilization or other injuries. He also was accused of administering drugs up to three times the recommended dosages.

As a result of the board’s order to reconsider the case, Kenneally--who was to have ceased practicing at 5 p.m Friday when his license suspension began--can continue to perform abortions until a new decision is reached.

A closed hearing probably will be held in February after board members have had time to review up to 38 boxes of documents recording the case, Arnett said.