Wisconsin judge clashes with doctor during abortion law case

http://www.theguardian.com/world/2014/may/29/wisconsin-judge-abortion-law-doctor-testimony

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An unusual courtroom discussion between three doctors in a federal trial dealing with Wisconsin's requirement that abortion providers have hospital admitting privileges got off to a rocky start Thursday with the judge sparring verbally with one expert.

US district judge William Conley pressed Dr John Thorp, a University of North Carolina obstetrician called by state attorneys to help defend the law, to quantify the risks from abortion. Thorp resisted, saying no US studies on maternal deaths from abortion are reliable. Conley then quipped the discussion reminded him of the quote popularized by author Mark Twain that there are lies, damn lies and statistics.

Thorp was one of three doctors to answer questions from the judge on the third day of testimony in the civil case. Conley heard previously from witnesses for the state and abortion clinics that say the law would make the procedure more difficult for women to obtain. It's likely that any decision the judge makes will be appealed to the seventh circuit court of appeals, which advised Conley last year to choose his own expert to testify because both sides' witnesses likely would be biased.

Along with Thorp, Conley questioned a doctor chosen by the clinics' attorneys and a third one that he selected.

Thorp told Conley that he felt "chilled" by the idea that a federal judge thought he was lying. Conley then said he didn't mean to imply that when he referred to the famous quote.

Wisconsin is one of a handful of states that recently passed laws requiring doctors to have hospital admitting privileges. Abortion clinics in Alabama have filed a lawsuit similar to the one in Wisconsin.

Planned Parenthood and Affiliated Medical Services filed their federal lawsuit last year on the same day that Republican Governor Scott Walker signed the law. Conley put the law on hold while the case was pending.

The clinics claim there's no medical need for abortion providers to have hospital admitting privileges and the law would force AMS's Milwaukee abortion clinic to close because doctors there lack privileges. AMS is the only Wisconsin facility that provides abortions after 19 weeks of pregnancy; if it were to close, women who want abortions at or beyond that point would have to go out of state.

Conley also heard from Dr Douglas Laube, a University of Wisconsin-Madison expert chosen by the clinics' attorneys, and Dr Serdar Bulun, a Northwestern University expert chosen by the judge. Both said they believe transfer agreements between clinics and hospitals provide better care for abortion patients than hospital admitting privileges. The agreements state that if complications arise, clinics will send patients to particular hospitals.

Laube said that meant the most qualified doctor at the hospital would take over the case.

Thorp countered that it was like "sending the patient off to a black box". He also said the admitting privileges requirement provided a way to punish doctors for faulty care because those privileges could be revoked.