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Archive for Thursday, September 27, 2012

Kansas regulation board, doctor battle over abortion case costs

September 27, 2012, 2:17 p.m. Updated September 27, 2012, 11:39 p.m.

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— A northeast Kansas doctor who lost her license over referrals to the late Dr. George Tiller’s abortion clinic is fighting state regulators’ efforts to force her to post a bond of nearly $93,000 as she appeals to the courts.

Attorney Kelly Kauffman said Thursday that Dr. Ann Kristin Neuhaus can’t afford to pursue a lawsuit against the State Board of Healing Arts if she is required to post the bond, which would cover costs incurred by the board as its staff pursued sanctions against her. Neuhaus filed her lawsuit in August in Shawnee County District Court in hopes of regaining her license.

“It basically closes the courts to her,” Kauffman told The Associated Press. “They have to know that.”

The board filed a request earlier this month for District Judge Franklin Theis to order Neuhaus to post a bond for $92,672 while the doctor pursues her lawsuit. Neuhaus’ attorneys filed their objection last week, saying an “impossible” bond would deprive Neuhaus of her constitutional rights to due legal process.

Kelli Stevens, the board’s general counsel, said it simply wants to protect its ability to recoup costs associated with Neuhaus’ case. Stevens noted the board’s $4.3 million annual budget is financed with fees collected from the health care providers it regulates.

Stevens said Thursday that costs from Neuhaus’ case “shouldn’t be borne by licensees who did nothing wrong.”

In June, the board ratified an administrative judge’s finding that Neuhaus did not perform adequate mental health exams on 11 patients, ages 10 to 18, before referring them in 2003 to Tiller’s clinic in Wichita for late-term abortions. Neuhaus provided second medical opinions required by Kansas law for such procedures.

She strongly disputes the board’s conclusions and contends her exams met accepted standards of care. The board ordered Neuhaus to cover its costs but suspended the requirement until she’s done pursuing her lawsuit.

Neuhaus, who is from Nortonville, had an inactive medical license that allowed her to provide limited charity care. She had asked the board to reinstate her to a full, active license. She provided second opinions for Tiller from 1999 to 2006.

Neuhaus operated an abortion clinic in Lawrence from 1997 to 2002.

Tiller was among a few U.S. physicians known to perform abortions in the final weeks of pregnancy, and he was shot to death in his church in May 2009 by a man professing strong anti-abortion views. An abortion-rights group has purchased his former clinic and intends to open it as a family and women’s health center providing services that include abortions, though not late-term procedures.

Comments

Katara 1 year, 11 months ago

"Kelli Stevens, the board's general counsel, said it simply wants to protect its ability to recoup costs associated with Neuhaus' case."

Why don't other state groups follow this? Why wasn't any bond posted by Montgomery or Taitz so that our state could recoup costs associated with their objections and lawsuits?

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Cai 1 year, 11 months ago

Taitz is from Cali. We have to finish running our own citizens into the dirt before we can start on the west cost.

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Frank Smith 1 year, 11 months ago

Taitz is from outer space, but is currently residing in California though she has been running around the country filing frivolous lawsuits. If anyone is assessed court costs it should be she, who has wasted the time of judges with "birther" lunacy. She is an attorney whose main practice before her jihad against the president was in defending her own dental work from malpractice lawsuits.

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Mike1949 1 year, 11 months ago

Is the board required to post their own bond in case they loose? That seems fair to me as you don't pay the boards cost or any entity's cost until the final judgement is in. Sounds like the board wants their cake and eat it too which isn't surprising because of who is running this state.

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bradh 1 year, 11 months ago

The bond thing sounded odd to me until they mentioned that all of their costs are covered by fees charged to those using their services. It makes sense they want a guarantee that their services will be covered if she loses again. I worked with construction bonds for years and you can get those fairly cheaply - this is unusual, but if she isn't a flight risk and appears to have the funds to cover the cost if she loses, I would think she could get a bond for at worst, 10% of the cost. Having worked in the abortion industry from 1997 to 2006, I find it hard to believe Neuhaus doesn't have quite a bit of money stashed around. Sounds like her lawyer claiming hardship is pulling our leg and trying to garner some sympathy.

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Frank Smith 1 year, 11 months ago

Neuhaus has spent an enormous amount of money to date defending herself against the malicious attacks by the Brownbackistan Taliban. This is a clear case of violations of civil rights including free speech over constitutional issues. I hope she's suing Sam for tortuous interference. I can't imagine she has many resources left, but she deserves her day in court and it should not be the prerogative of the same kangaroo court that found against her, refusing to consider evidence and testimony, to deny her the right of appeal.

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Cait McKnelly 1 year, 11 months ago

"Having worked in the abortion industry from 1997 to 2006, I find it hard to believe Neuhaus doesn't have quite a bit of money stashed around. "

You really are clueless, aren't you?

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RadioFreeKansas 1 year, 11 months ago

4 of the 9 practicing medical doctors on KSBHA recused themselves from judgment on her. This was not reported in any Kansas news media. The world's foremost expert and editor-in-chief of the diagnostic manual of psychiatry, Dr. Michael First, wrote in support of her use of the computer software to document information about these patients. This was also never reported in the Kansas news media, or admitted as evidence in her defense.

Of the 9 - 10,000 women who received medical and surgical 1st and early 2nd trimester abortions, none have filed suit against her care. The complainant who filed the original paper with KSBHA is a convicted felon, part of a well-financed organisation successfully seeking to gain credibility in Kansas.

A solid majority of the members of KSBHA are either new political appointees by the current governor, or re-appointed, of those three are directly involved in, or financially derive support from the "pro-life" movement in Kansas.

The whole sordid decade-long persecution of her and my family are chronicled in the now public court records available at the "Welcome to Brownbackistan" wordpress site. Google, you know how to Google.

If the State of Kansas attempts to take our tiny 10 acre farm (15 years paid on the mortgage) we are calling on all free-thinking Free State people to stop the sale. It is all we have.

My name is Michael Caddell, sweetheart to Dr. Kris for over 25 years and I approve this message.

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Frank Smith 1 year, 11 months ago

The "felon" mentioned in this post is Cheryl Sullenger, convicted of conspiracy and preparations involving plotting the bombing of a medical clinic in California. She is a convicted terrorist, in the common definition of the term.

It was Sullenger who gave the assassin of Dr. George Tiller the address of the doctor's church and his schedule where he was ushering at mass. That was so that Roeder, himself previously convicted of transporting bomb making materials, could find Tiller in order to murder him. When he was caught fleeing the scene of his crimes (he also threatened two other church volunteers with death) he had Sullenger's cell phone # on a post-it note on his dashboard.

The Brownback regime finds itself quite comfortably in bed with this terrorist organization, that has had a long association with and has acted in support of killers, homicidal maniacs and bombers. Like Operation Rescue itself, Brownback's people are quick to file charges against anyone who opposes their fundamentalist, anti-civil libertarian agenda. In fact Sam appointed most of those zealots who sat in judgment of Dr. Neuhaus.

I am reminded of the show trials in the Soviet Union and during the purges by the Communist regime in Mao's China.

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Cait McKnelly 1 year, 11 months ago

Mr.Caddel, you and your family have all of my support. I just wish your ten acres was in Grants Pass or Cottage Grove, OR. Not because I think you need to be run out of the state but because, frankly, it's safer there. I gave up on the steaming manure pile that is Kansas the day Dr.Tiller was shot. The fact that the state not only harbors but actively promotes a domestic terrorist organization is beyond tolerance. Cheryl Sullenger is a convicted Federal felon and should have never been permitted to bring her complaint before the KSBHA in the first place. This is one the finest pieces of railroading I have ever witnessed.

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Cait McKnelly 1 year, 11 months ago

One wonders if the reason the KSBHA is so eager to limit Dr. Neuhaus' access to an appeals court isn't because they already know their action would fall apart.

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Cait McKnelly 1 year, 11 months ago

Troy Newman had this to say about the reopening of Dr.Tiller's clinic in Wichita:
"The abortion group may have bought Tiller’s old building, but that is still a far cry from resuming abortions in Wichita. If Trust Women wants to provide abortions then Operation Rescue will make sure the business is neither profitable nor sustainable."
If this isn't the statement of a terrorist and a bully I don't know what is.

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RadioFreeKansas 1 year, 11 months ago

Considering he is a landlord in over a half dozen properties in Wichita, and that an enormous amount of money is being shoveled into a Church memorial for the "unborn" doesn't it make one ponder how gullible the old and superstitious are being fleeced. Dr. Kris worked diligently in Lawrence, received support from Dr. Dale Clinton and many people in Lawrence, but it took one out of town landlord to shut us down. That building stayed vacant for years after she left. We love Lawrence and it's people but not the greedsters. Ciao! On to the struggle.

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