Abortion Ends in Delivery of Full-Term Baby

PHOENIX —  A doctor who thought he was aborting a 23-week fetus realized in the middle of the procedure that the pregnancy was much further along, and he instead delivered a full-term baby.

Police and the Arizona Board of Medical Examiners were investigating Dr. John Biskind and the June 30 birth at A-Z Women’s Center, which terminates pregnancies through the 24th week.

“At this point, it doesn’t appear anybody will be charged with anything,” Sgt. Mike Torres said.

The 6-pound, 2-ounce girl suffered a skull fracture and cuts on her face and remained hospitalized Thursday. Officials refused to comment on her condition, but authorities said a Texas couple plans to adopt the girl.

The 17-year-old mother went to the clinic June 29 seeking to undergo a controversial procedure in which the fetus is partially delivered through the birth canal and then destroyed, police said.

Ultrasound testing at the clinic determined her fetus was 23.6 weeks old. Full term is 40 weeks.

During the procedure the next day, Biskind realized the pregnancy was much further along, halted the abortion and delivered the infant, police said.

A woman who answered the phone at the abortion clinic said Biskind had no comment. “We’re dealing with the police on this,” she said.

Police and the Maricopa County Attorney’s Office were investigating to determine if a crime had been committed.

Dr. Carolyn Gerster, a Phoenix physician who is chairwoman of Arizona Right to Life, an antiabortion group, said the average weight for a fetus is about 2 pounds at 24 weeks and about 6 1/2 pounds at 36 weeks.

“I don’t know how such a grave error could be made in estimating the size,” she said. “There shouldn’t be that kind of discrepancy in an ultrasound. It’s horrendous.”

The medical board censured Biskind in 1996 after a patient bled to death following an abortion. The patient’s family has a lawsuit pending against him.

He also was reprimanded in 1989 for misdiagnosis or mistreatment of a patient and in 1990 for improperly prescribing drugs.