Dr. Morgan Fights For His Career

(CBS)  On Dec. 1, 1999, the Indiana Medical Licensing Board began its hearings on whether to revoke Dr. Morgan's license.

"I have some hopes that maybe they'll have to listen, and people will understand I'm not a bad doctor," Morgan said before the hearings began.

Deputy Attorney General Beth Compton argued that Morgan had botched the deliveries of nine women.

Morgan's fate lay in the hands of four members of the Indiana Medical Licensing Board. Three members are doctors, though none is an obstetrician. The state intended to convince them not just that Dr. Morgan made mistakes, but that he consistently practiced medicine in a way that endangered his patients.

With the panel acting as judge and jury, Compton began with her strongest witness, Lori Rollins, who told the jury what happened the night of her delivery.

The state's expert, obstetrician James Nocon, told the board that Morgan had no excuses. "At 4:30 in the morning, with a patient who has a prior C section, is being augmented with oxytocin, with ruptured membranes, there isn't any other patient in this doctor's practice who's going to need him," Nocon said. "He should be in the hospital with this patient," Nocon added. "That's what the average competent doctor would do."

Another woman, Renee Smith, also testified about her experience with Morgan. She said that he had taken far too long to arrive at the hospital. Her baby was born brain-damaged and deaf. Again Nocon argued that Morgan had no excuses.

Nurses who worked with Morgan also claimed that he was missing in action. "They would call on the pager and say, 'Dr. Morgan, I need you to come for a delivery,'" nurse Barbara Russell testified during the hearing. "You never heard anything. You didn't know if he got the page. He didn't call you from the car and say, 'I'm on my way.'" Morgan vehemently denied this, saying he responded promptly.

Then Dr. Morgan testified. After waiting for two years, the Rollins finally heard his explanation about what happened the night Lori Rollins gave birth.

The doctor says he was at home getting frequent updates from the nurses. When the situation turned dangerous, he came in. But he says the nurses hadn't followed his directions on how to get Lori Rollins ready for surgery, costing him valuable time. He also said that he had to wait to be given permission to operate.

But Deputy Attorney General Compton blamed Morgan, saying that he kept the nurses waiting. She said that he is too unstable to practice. Under questioning from his own attorney, George Purdy, Morgan admitted that he is depressed but blamed it on his situation.

Morgan argued that because he tried whenever possible to have a natural childbirth, he was resented by some nurses. Some wanted to give more pain medication than he allowed. That doesn't make him cruel, only prudent, he said.

The doctor wanted the board to examine his voluminous statistics, which hsaid prove his record is at least as good if not better than that of the average doctor. But the board refused to consider these claims, saying that numbers are irrelevant to the cases at hand.

In the end, two very different pictures of Morgan emerged. "In my eyes, I've done nothing wrong from a medical standpoint other than be different," Morgan said.

"I have no doubt that when Dr. Morgan began his career he was a bright and caring and committed physician," Compton said. "Somewhere along the line, something got in the way."

On Feb. 24, the board made its decision. The panel voted 3 to 1 to revoke Morgan's medical license, the harshest penalty it could impose. The decision to revoke Robert Morgan’s medical license is a rare one. In Indiana, it happened just three times all of last year.

"The whole situation is unfortunate and tragic," said one of the board members. "My answer is, 'What a waste!' I feel that everything that I've seen is uncorrectable at this point in time, and I would vote to revoke his license."

After the board vote, Lori Rollins hugged Compton. But even in victory, she thought of her son Robbie.

The decision seemed to bewilder the deeply disappointed Morgan, who will probably never deliver another baby: "I'm not sure that I quite understand that if you get good results, why does that make you not able to continue to practice?" he asked.

"The hardest part for me is going to be the fact that as of today I won't be able to take care of my patients," he said after the decision. "I have learned through all of this how important that's been to me and how much my patients mean. I don't know what I'm going to do."

In August, Dr. Morgan appealed the decision in civil court. He argued the board failed to consider statistical evidence that he was a good doctor. Just two weeks ago, a judge ordered the board to admit those statistics into evidence and re-evaluate his case.

The Indiana board's decision has never been overturned in past appeals.

Return to Judging Dr. Morgan.

[tatum042601]

I am a mother of two and have had two c-sections. My first in 01 and second in 08. I had two ob drs. for each child. I am at home sick from work watching 48hrs Investigates. This story comes up and immediately it upsets me. I hope this dr is not continuing to delivery babies. I had my first c-section because my daughter was breech. It was not planned but I was over due. I went in to be given pitocin to start labor. But after my water was broke and I was dilated my ob discovered she was breech and I would need to have a cesarean to deliver. Needless to say I wanted to experience a vaginal birth and was a little upset that her being breech wasnt recognized earlier. But all in all she and were OK and that was what was important. When i became pregnant with my son I was determined to try to have him vaginally. I choose another dr near my town thru a friend. He respected my decision. But told me the risks of a uterine rupture because of my previous c section. However he did say that they would have staff outside my door waiting during my vaginal delivery in an emergency case to rush me to a c section. And he planned to be there to care for me thru the delivery. I had passed my due date and my dr began to steer me toward a c section. He warned me of the risk of the baby getting bigger which could cause a uterine tear. And another key thing is that he would NOT give me pitocin to induce this labor because it can be dangerous to take after uve had previous c sections. He said it increases the likely hood of a uterine tear. I feel terrible that this poor baby, woman, and family were in this drs care. Everything this dr did was wrong!!!! And I am so sorry that this family will live with this forever. The only thing I can say to this woman and her family is that there son and brother is with God and not suffering anymore.

[saramadara]

After all of these years, I believe this was the best decision. This man was my Dr. He delivered my first child, I had numerous problems and no support but was able to deliver a healthy baby boy. That was in 1982. I became pregnant again and had a still born birth on Nov 3 1988. He made me wait to deliver because the Community Hospital east was full of Mothers having babies. I was put to the end of the line. I can't tell you how this emotionally affected me, it is too painful. I became pregnant again in august of 1989 and returned to Dr Morgan. I had numerous problems and was hospitalized during my first trimester. He released me saying it was only morning sickness.
I went on to lose a huge amount of weight and my baby was small, but after my final appointment he told me my baby was breach and he would have to move her. I was there all morning and everytime he moved her she moved back to breach position. He should have sent me for a C section, instead he sent me to lunch and told me to come back. I did. He moved her again, I never felt her move again until she was born, after all the stress she presented with the cord around her neck and meconium staining showing she had a bowel movement while inside me due to the stress. Her apgar scores were low to begin with and she was eventually sent home. The problems kept on until she was diagnosed at 3 weeks with an unknown fever, then later on diagnosed with sleep apnea/tracheamalasia. All of this lack of oxygen was determined later to have caused all these problems. While having this ill child I became ill and Dr. Morgan gave me a hysterectomy. I think he made the decision based on my daughter illness. Shortly after I told him I believed he was to blame. It was given to attorneys and no one could prove what I already knew, so the statute of limitations ran out. I watched him lose his license and to this day am grateful for that. Today, Ashley is 21 years old and has numerous issues, most are related to autism. I wonder how many children born this way have ended up autistic? Mom's usually trust their OBGYN. I think they shouldn't. So now 21 + years later, yes I regret the decisions I maded to stay with my OBGYN. I am grateful he cannot do this to anyone else.