Miller continued with the abortion while Erna choked to death on her own vomit. When an ambulance crew arrived, they found Erna's airway still full of vomit. Miller was making no attempt at resuscitation, but was holding Erna in his arms. Erna, of course, was beyond saving.
Miller had already settled six malpractice cases in the Kansas City area. He had failed the Missouri state medical exam three times before finally giving up. It took nine tries for him to pass the exam to be licensed in Kansas.
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