Milan Vuitch
Encyclopedia
Dr. Milan Vuitch was a physician
performing abortions in Washington, D.C.
and Silver Spring
, Maryland
. Born in Serbia
, he was a naturalized U.S. citizen.
Gerhard A. Gesell ruled that District of Columbia law was unconstitutionally vague because it permitted abortions only to preserve a mother's "life or health," without clearly defining those terms. Gesell wrote that the word "health" provided "no clear standard to guide either the doctor, the jury or the court." Gesell dismissed an indictment against Vuitch.
The U.S. Supreme Court disagreed with the ruling, holding that the standard was clear. But Justice
Hugo Black
, in the majority opinion, included language that limited enforcement of the D.C. law, as well as similar laws: "Health includes psychological as well as physical well-being." Black's ruling also changed how the law was to be enforced by shifting the burden of proof. Rather than being incumbent upon the physician to prove that the abortion had been medically necessary, Black put the burden on the prosecution to prove that the abortion had not been necessary. If the prosecution did not sufficiently prove that the woman's "life or health" was not in danger, a trial judge would be required to set aside a guilty verdict.
Vuitch was pleased with the outcome of the case, saying, "This is a big step forward. Now the government lawyer will be in the position of challenging my medical decision. What are the jury members going to decide when a lawyer tries to tell them that the doctor is wrong about a medical matter?"
Vuitch performed roughly 1,000 abortions annually in his illegal practice, three blocks from the White House
. However, Vuitch said that his abortions were purely done for medical reasons.
The first revolved around a 17-year-old patient at his Laurel Clinic who died five days after Vuitch performed an abortion on her. The family sued, claiming that Vuitch and his staff had allowed the girl to lapse into a coma and lie unattended for 12 hours before transferring her to a hospital. The suit also claimed that Vuitch and his staff falsified records.
Vuitch was subsequently sued by survivors of a 32-year-old abortion patient who died in 1980 after Vuitch had put her under anesthesia in his unlicensed clinic.
In 1984, WDVM-TV, Washington, D.C. won the Peabody Award
for its investigation of Vuitch. The investigation found that Vuitch's practice had been cited for a multitude of violations, such as in 1980 for dirty instruments and lab specimens being refrigerated with food; in 1981 for taking patients to Vuitch's home overnight and having expired drugs; in 1982 for unlicensed drug distribution and mixing dirty and clean surgical instruments and for a patient sent home though she was passing red urine
and had a catheter
still inside her body; in 1983 for having anesthetic drugs "not freshly prepared and yellowish in color". The investigator also noted that despite these violations, the city kept renewing the clinic's license until 1982, after which Vuitch just operated without one.
The story, by Mark Feldstein
, noted a patient who said that Vuitch had operated on her without anesthesia. Feldstein also reported on a 17-year-old patient who had been sent home with instructions to return with $400 before Vuitch would complete her abortion. Though Vuitch had told her not to go to a hospital, she was taken to an emergency room after she collapsed. She gave birth to a live premature baby, of six months gestation, who subsequently died.
Feldstein also provided a female co-worker with a vial of his own urine. She took the specimen to Vuitch's clinic, where staff told her she was pregnant and offered an abortion.
Vuitch did little to help his public image when he said on-camera, "This is not the only lacerated uterus in 15 years. I lacerated uteruses and other surgeons lacerated. And perforated. And this and that."
Vuitch died at age 78 at Holy Cross Hospital
in Silver Spring, MD after suffering a stroke
.
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
performing abortions in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
and Silver Spring
Silver Spring, Maryland
Silver Spring is an unincorporated area and census-designated place in Montgomery County, Maryland, United States. It had a population of 71,452 at the 2010 census, making it the fourth most populous place in Maryland, after Baltimore, Columbia, and Germantown.The urbanized, oldest, and...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. Born in Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
, he was a naturalized U.S. citizen.
Court victory
In 1969, JudgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Gerhard A. Gesell ruled that District of Columbia law was unconstitutionally vague because it permitted abortions only to preserve a mother's "life or health," without clearly defining those terms. Gesell wrote that the word "health" provided "no clear standard to guide either the doctor, the jury or the court." Gesell dismissed an indictment against Vuitch.
The U.S. Supreme Court disagreed with the ruling, holding that the standard was clear. But Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, in the majority opinion, included language that limited enforcement of the D.C. law, as well as similar laws: "Health includes psychological as well as physical well-being." Black's ruling also changed how the law was to be enforced by shifting the burden of proof. Rather than being incumbent upon the physician to prove that the abortion had been medically necessary, Black put the burden on the prosecution to prove that the abortion had not been necessary. If the prosecution did not sufficiently prove that the woman's "life or health" was not in danger, a trial judge would be required to set aside a guilty verdict.
Vuitch was pleased with the outcome of the case, saying, "This is a big step forward. Now the government lawyer will be in the position of challenging my medical decision. What are the jury members going to decide when a lawyer tries to tell them that the doctor is wrong about a medical matter?"
Vuitch performed roughly 1,000 abortions annually in his illegal practice, three blocks from the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
. However, Vuitch said that his abortions were purely done for medical reasons.
After Roe
After Roe vs. Wade, Vuitch ran into trouble in his abortion practice, leading to numerous malpractice suits and public disgrace.The first revolved around a 17-year-old patient at his Laurel Clinic who died five days after Vuitch performed an abortion on her. The family sued, claiming that Vuitch and his staff had allowed the girl to lapse into a coma and lie unattended for 12 hours before transferring her to a hospital. The suit also claimed that Vuitch and his staff falsified records.
Vuitch was subsequently sued by survivors of a 32-year-old abortion patient who died in 1980 after Vuitch had put her under anesthesia in his unlicensed clinic.
In 1984, WDVM-TV, Washington, D.C. won the Peabody Award
Peabody Award
The George Foster Peabody Awards recognize distinguished and meritorious public service by radio and television stations, networks, producing organizations and individuals. In 1939, the National Association of Broadcasters formed a committee to recognize outstanding achievement in radio broadcasting...
for its investigation of Vuitch. The investigation found that Vuitch's practice had been cited for a multitude of violations, such as in 1980 for dirty instruments and lab specimens being refrigerated with food; in 1981 for taking patients to Vuitch's home overnight and having expired drugs; in 1982 for unlicensed drug distribution and mixing dirty and clean surgical instruments and for a patient sent home though she was passing red urine
Urine
Urine is a typically sterile liquid by-product of the body that is secreted by the kidneys through a process called urination and excreted through the urethra. Cellular metabolism generates numerous by-products, many rich in nitrogen, that require elimination from the bloodstream...
and had a catheter
Catheter
In medicine, a catheter is a tube that can be inserted into a body cavity, duct, or vessel. Catheters thereby allow drainage, administration of fluids or gases, or access by surgical instruments. The process of inserting a catheter is catheterization...
still inside her body; in 1983 for having anesthetic drugs "not freshly prepared and yellowish in color". The investigator also noted that despite these violations, the city kept renewing the clinic's license until 1982, after which Vuitch just operated without one.
The story, by Mark Feldstein
Mark Feldstein
Mark Feldstein , was an American artist and photographer best known for his large format photography of the streetlife and architecture of New York City....
, noted a patient who said that Vuitch had operated on her without anesthesia. Feldstein also reported on a 17-year-old patient who had been sent home with instructions to return with $400 before Vuitch would complete her abortion. Though Vuitch had told her not to go to a hospital, she was taken to an emergency room after she collapsed. She gave birth to a live premature baby, of six months gestation, who subsequently died.
Feldstein also provided a female co-worker with a vial of his own urine. She took the specimen to Vuitch's clinic, where staff told her she was pregnant and offered an abortion.
Vuitch did little to help his public image when he said on-camera, "This is not the only lacerated uterus in 15 years. I lacerated uteruses and other surgeons lacerated. And perforated. And this and that."
Vuitch died at age 78 at Holy Cross Hospital
Holy Cross Hospital (Silver Spring)
Holy Cross Hospital is a large hospital in Silver Spring, Maryland. The hospital, the second largest in Maryland, was founded in 1963 by the Sisters of the Holy Cross. There are over 1,200 doctors in the hospital.- History :...
in Silver Spring, MD after suffering a stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
.