Infant Injured In Abort Attempt

A doctor preparing to abort what was believed to be a 23-week-old fetus delivered the baby instead when he discovered the fetus effectively had reached full term.

The 6-pound, 2-ounce girl suffered a skull fracture and two deep facial lacerations during what had begun as a late-term or "partial-birth" abortion at A-Z Clinic, which will handle abortions up to the 24th week.

Sgt. Mike Torres, a police spokesman, said she is to be adopted by a Texas couple.

According to investigators, the 17-year-old mother came to the clinic on June 29 following a positive result in a home pregnancy test. An ultrasound test at the clinic found the fetus to be 23.6 weeks.

During the abortion procedure the next day, Dr. John Biskind realized the fetus was virtually full term 37 weeks and delivered the infant, police said. The girl then was hospitalized at Good Samaritan Regional Medical Center.

An attempt to reach Dr. Biskind at his Scottsdale home drew no response Wednesday as reports of the mixup surfaced, and the clinic turned away questions without comment.

Physicians, including Dr. John Mattox at Good Samaritan, said the mistake shouldn't have occurred, in part because of the differences in size and location of a 23-week fetus and a 37-week fetus.

Dr. Carolyn Gerster, chairwoman for AZ Right to Life, said the average weight for a fetus is about 2 pounds at 24 weeks and about 6 1/2 pounds at 36 weeks.

"Sounds like a grave error was made in estimation of the size," Dr. Gerster said. "With an ultrasound, there shouldn't be that kind of discrepancy."

Dr. Brian Finkel of the Metro Phoenix Women's Center agreed.

"Missing a 37-week gestation and confusing it with a 23-week pregnancy is unacceptable," Dr. Finkel said. "This is the kind of abortion nightmare that anti-abortionists...would like to banter about the press and paint all of us with this big, broad brush."

Bryan Howard, CEO of Planned Parenthood, said both the mistake and the abortion request were uncommon.

"The likelihood that something like this could happen is incredibly small," he said. "Well over 90 percent [of abortions] take place in the first trimester. The vast majority wouldn't even be approaching this point."

Howard also said that though ultrasound techniques are becoming "increasingly precise," results may be affected by various factors, including position of the fetus: "As with all health care, it's an imprecise science."

Police and Maricopa County Attorney Rick Romley said they had yet to determine whether any crime had been committed.
"Of course we're going to look at this," Romley said. "We will also do research on the law and reserve judgment until the investigation is complete."

Dr. Biskind, who has been licensed in Arizona since 1981, was censured in 1996 by the state Board of Medical Examiners for "gross neglect/conduct harmful to patients or the public,"according to board records. The case involved a 26-year-old woman who bled to death following an abortion.

The board also issued letters of concern, a lesser sanction, to Dr. Biskind in 1989 got misdiagnosis or treatment and in 1990 for improper prescribing.