Rapin Osathanondh Indicted for Manslaughter Following Abortion-Related Death

Landmark Case for Massachusetts - Interview with Victim's Mother

Sheryl Young
A Massachusetts doctor has been indicted on manslaughter charges following the subsequent death of a young woman upon whom he had just performed an abortion.

Laura Hope Smith died in September 2007 after an abortion in Hyannis, Massachusetts. The death is now confirmed to be from a failure to appropriately monitor Smith's vital signs after the procedure, during which she received anesthesia.

The indictment is a landmark case in Massachusetts as the state's first-ever manslaughter indictment for a doctor, and a bittersweet victory for pro-life advocates. The latest news coverage of the trial results can be seen here in the Cape Cod Times.

The following is information received from an earlier first-person interview with Eileen Smith, the victim's mother, of events leading up to the indictment.

"I received a phone call from Laura's cell phone," says Eileen Smith (who did not know about Laura's pregnancy or plans for an abortion). "It was a girlfriend who had apparently accompanied Laura. She told me something had gone wrong. A hospital representative then informed me that Laura had died. The abortion doctor called me a week later and asked me to meet him alone, without my husband, in a public place. He claimed he had nothing to do with the death."

Smith found out that the doctor, Rapin Osathanondh, had no anesthesiologist and no expert assistant present (no RN, LPN, etc). He had a "professional hand-holder", someone to comfort the girls during the procedures. He administered the anesthesia to Laura Smith himself, and after the abortion he left the room to do another. No one remained in the room with the 22-year-old woman. When he returned, she was already non-responsive. The EMT's couldn't revive her. She was pronounced dead at Cape Cod Hospital.

Although the elder Smith had been told that it was not unlawful to leave an anesthetized patient alone, a complaint was filed with the Massachusetts Board of Registration in Medicine against Osathanondh in connection with Laura's death. He was allowed to keep practicing medicine.

"Records of the case were kept from me under Massachusetts laws of privacy. The cause of death was initially 'inconclusive'. I was told the records could be released from secrecy if I became legal executor, which I got accomplished after several court dates."

In February of 2008, the case began drawing local attention. "I was interviewed (only a week after Laura's death) by the local paper but it wasn't printed until much later when they felt they had enough corroboration", says Smith. Osathanondh resigned his license, can no longer practice medicine in the state of Massachusetts, and cannot reapply at a later date (see this earlier Cape Code Times article ).

Last week, after several days of courtroom presentation, a Grand Jury returned the indictment for manslaughter. According to the latest Cape Cod Times article referenced above, District Attorney Michael O'Keefe stated "The charges are a result of an investigation by Barnstable and state police and the state Board of Registration in Medicine."

Expert and witness testimonies are not yet being discussed with the press.

Smith and her husband had adopted Laura when she was about 4 years old. The relationship was a close and loving one, although the Smiths lived in Florida while Laura Smith's residence was in Massachusetts. Smith says, "We don't know why she didn't tell us."

In an e-mail personally received by this reporter following the indictment (and released with permission), Smith stated:

"Nothing can ever bring Laura back to us but today's actions by the DA brings comfort in knowing that justice will prevail. Many of you do not even know the great lengths this man went to, to cover up his actions and the lies he has told. I thank God in particular for the one employee who came forward and exposed him just by telling the truth. I am eternally grateful to her."

Although according to the CDC there is only approximately one abortion related death per year for every 100,000 legal abortions in the United States, the number of abortions per year ranges from between 840,000 and 1,200,000 in various studies. This could conceivably make 8 to 10 abortion related deaths per year. Smith hopes this will raise the nation's consciousness that girls' and womens' deaths do still take place as a result of abortion for various reasons, and is hopeful for the future of unborn lives.

Published by Sheryl Young - Featured Contributor in Politics

Freelance writer since 1997; Featured Political Contributor for Yahoo!; Tampa Tribune Community Columnist/Blogger; Chicken Soup for the Soul; Amy Foundation National Writing Award; happy wife, proud step-mom...  View profile

28 Comments

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  • Charlene Collins8/10/2008

    He should have had adequate staff to do this. he is to blame for administering anesthesia himself without at least a nurse anesthetist. I'd hate to be in his shoes.

  • Tyler Mills8/5/2008

    Very sad story Sheryl. I hope no one tries to make political hay out of this. I say that as a pro-choicer, but it is clear that the doctor made a terrible error in this case and should face consequences.

  • Sheryl Young8/4/2008

    Update to story: It has come to my attention from the mother of Laura Smith that her bodily stress came during the abortion, not after. Further clarification: The doctor left the room after Laura was already in distress.

  • R.E. Norton7/28/2008

    A very sad, very tragic story. We always hear of the toll abortion takes in the lives of unborn children who are murdered, but we must also remember the toll it takes with the women who have died, been injured or rendered unable to have children later, and/or are left with emotional scars. Great reporting.

  • mimpi7/28/2008

    this is sad....

  • jcorn7/26/2008

    Super job!

  • Susan Braun7/26/2008

    Excellent reporting. It's a great example of why I would never have an abortion, even if I thought they were morally okay (which I don't).

  • Carmella Mae - Content Writer and Photographer7/25/2008

    This is so very sad. Another thing also very sad is that there are 840,000 - 1,200,000 umborn babies killed every year! I knew the number was big, but had no idea it was that big. You did a great job on this. Excelent reporting!

  • Megan Deroche7/25/2008

    This is very sad, but in a way it's a good thing that it's the first charge like this in MA.

  • 3lilangels7/25/2008

    What a very sad story, great reporting!!!!!

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