Doctor Who Performed Late-term Abortion May Go to Jail

State   |   Steven Ertelt   |   Nov 18, 2003   |   9:00AM   |   WASHINGTON, DC

Doctor Who Performed Late-term Abortion May Go to Jail

by Steven Ertelt Editor
November 18, 2003

New Windsor, NY ( — A New York doctor who lost his medical license after performing a late-term abortion may go to jail if he is convicted on an indictment filed against him.

A state appeals court has reinstated an indictment against Paul Mayer, a doctor who operated an OBGYN practice and performed occasional abortions. According to state records, Mayer lost his medical license after performing on an abortion on a woman who was pregnant with a 29-week old unborn child.

Abortions are illegal in New York state after the 24th week of pregnancy unless necessary to save the mother’s life. When an abortion is performed after the 20th week of pregnancy, a second physician must attend to provide medical attention to any live birth.

Mayer’s attorney Ben Ostrer said he expects Mayer will be cleared of the charges, saying that another doctor who aided Mayer in the abortion has already been cleared.

Mayer was charged in February 2002 by a grand jury with unauthorized practice of medicine and insurance fraud, felonies, and petty larceny, a misdemeanor. A county judge dismissed all of the charges.

On Friday, the Appellate Division of state Supreme Court ruled that the county judge had been wrong to dismiss the indictment. If he is found guilty, Mayer could face anywhere from one to four years in prison.

The state Court of Appeals, in April, took away Mayer’s license for good. The criminal case is separate from the decision regarding his license.

The state’s Board for Professional Conduct had revoked Mayer’s license in September 2000 citing "gross negligence" in his handling of two cases, including the late-term abortion.

That started a run of court battles where his license was revoked, then reinstated, then revoked again.