As Orlando medical malpractice lawyers we were encouraged to see the Florida Department of Health take action for medical neglect against a Florida abortion provider. According to reports, James Pendergraft, had his license suspended by the Florida Department of Health earlier this month. In response this medical doctor availed himself to an appeal of his suspension to the 1st District Court in Tallahassee.

Pendergraft’s license was suspended because he allegedly showed a “flagrant disregard for the laws of the state of Florida and a willingness to endanger the lives and health of pregnant patients.” Third-trimester abortions are illegal in Florida except to “save the life or preserve the health of the pregnant woman,” in which case, the law requires that the procedure be certified by two physicians and that it be performed in a hospital. According to the state, Pendergraft in 2004 and 2005 “endangered two female patients by performing third-trimester abortions outside a hospital setting and without concurring certification from a second physician.”

Florida state documents report that Pendergraft did not even correctly identify the fetus’ gestational age. Pendergraft determined the woman involved was at 22 or 23 weeks’ gestation, but the state documents say the woman actually was at 25 to 27 weeks’ gestation. The suspension means that Pendergraft cannot practice medicine until the state Board of Medicine reviews his case.