Gynecologist Face Malpractice Lawsuit, Possible Indictment

Barnstable, MAA gynecologist is now facing a wrongful death suit after he performed an abortion on a patient at his Hyannis clinic in 2007, allegedly resulting in her death. The doctor is also facing a possible grand jury indictment.

On March 10, 2008 Eileen Smith sued Dr. Rapin Osathanondh in Barnstable Superior Court for the wrongful death of her daughter, Laura Hope Smith, 22, according to the court records. There are no specific monetary damages being sought, but the jury will be asked to award punitive damages for alleged gross negligence that caused the death of her daughter.

David Angueira, Smith's Boston-based lawyer, has claims that this case is different than the standard malpractice case because the doctor really did something wrong.

Laura Hope Smith died on September 13, 2007 after having an abortion at the clinic that was once operated by Osathanondh. Eileen Smith then turned to the Massachusetts Board of Registration in Medicine after her daughter's death and filed a complaint against Osanthanondh in which the doctor resigned his license in February, but it is alleged that he resigned his license just hours after the board voted to suspend it. Eileen Smith also filed a civil suit to be granted access to her daughter's medical records, which she has since received.

District Attorney Michael O'Keefe said on March 20 that once the Barnstable County grand jury convenes in April he will seek a criminal indictment against the doctor. There have been no other patients come forward with complaints against the doctor since Laura Smith's death became public.

The first hearing in the case was held in front of Judge Robert Rufo on March 20 and it was stated by Angueira that Laura Smith was not properly monitored while she was under the anesthesia. He charged that her vital signs were not monitored at all.

When Angueira made the claim that Osathanondh resigned his license just hours after a board-voted suspension, the defense attorney, Kenneth Kohlberg, said that his license was not suspended. Kohlberg has made statements saying that the lawsuit doesn't have any merit. He says that Osathanondh has had a very distinguished medical record in the 40 years that he has practiced medicine.

Eileen Smith has also filed an injunction that prevents the doctor from selling any of his real estate until an outcome has been reached in the wrongful death suit. As a result, Judge Rufo prohibited the doctor from doing so without the approval of the court. Smith had also made a request that prohibited him from accessing other personal assets, but that request was denied. These requests have been made because financial control is being sought by Smith and her attorney because they believe that any settlement the jury awards may exceed the $1 million insurance policy that Osathanondh has.

Judge Rufo has also ordered that the medical equipment that was in the office the day of Laura Smith's death, along with medical records from all of the patients who had received treatment that day, be unaltered and preserved.

By Ginger Gillenwater