Diagnoses questioned in Kansas abortions

A psychiatrist says medical records do not support the need for late-term procedures.

A psychiatrist who reviewed medical files for Phill Kline’s investigation of late-term abortions says the files did not back up the diagnoses used to justify the procedures.

Paul McHugh, who led the psychiatry program at Johns Hopkins University for more than 25 years, said Monday that he reviewed redacted files sent to him by Kline, then the Kansas attorney general. He determined that there was not enough information to make the diagnoses of major depression and anxiety listed in the files.

Those diagnoses were used to comply with a state law that prohibits late-term abortions except when medically necessary.

“If you want to bring psychiatry in, do psychiatry the right way,” said McHugh, who was brought to Kansas this week by an anti-abortion group. “…These records do not demonstrate a thorough psychiatric evaluation.”

An attorney for Wichita abortion provider George Tiller and a spokesman for current Attorney General Paul Morrison criticized McHugh for speaking out about an investigation that is under court seal.

“Reports that a hired-gun witness retained by Phill Kline is discussing the contents of subpoenaed abortion patient medical records is highly disturbing,” said Tiller attorney Dan Monnat.

Just before leaving office, Kline filed misdemeanor charges against Tiller alleging that he violated the rules governing when late-term abortions may be performed. The charges were quickly dismissed for jurisdictional reasons. McHugh had been contacted by Kline as an expert and potential witness.

Kline is now Johnson County district attorney.

State law prohibits abortions after 22 weeks unless the pregnancy could kill the mother or create a “substantial and irreversible impairment of a major bodily function.” The exception has been read to apply to mental health as well.

The files, McHugh said, do not describe a “substantial and irreversible” impairment. The files show that the women were “demoralized, discouraged,” he said, but that is not necessarily enough for a diagnosis of depression or anxiety.

McHugh, who continues to teach at Johns Hopkins, was brought to Kansas by Women Influencing the Nation. Jenn Giroux, a leader of the organization, said she wanted the public to have more information about the case, which she said Morrison was trying to cover up.

Morrison is continuing the investigation and will make an announcement on the case this month, spokeswoman Ashley Anstaett said. Morrison will file charges if they are warranted, she said. She criticized McHugh for talking about the case publicly.

“Discussing information from an ongoing investigation shows an obvious disrespect for that investigation,” she said.

Kline, who will address the National Right to Life convention in Kansas City on Thursday, said he was not surprised by McHugh’s comments. He criticized Morrison for not consulting McHugh and said he did not think Morrison took the investigation seriously.

Anstaett said Morrison’s office contacted McHugh earlier to secure his copies of the medical files and to confirm a statement he had given to Kline.

To reach David Klepper call 785-354-1388 or send e-mail to dklepper@kcstar.com.