So you're admitting that the Texas law only allows "emergency" abortions, i.e. when a woman is close to death. But that someone in this kind of category, where the pregnancy could at any minute turn deadly, cannot receive one. Because, see first sentence. You have to be on your death bed to receive one. That is not a standard of care most of us would choose. |
But that isn’t what Texas law is. Texas law is abortions are allowed in emergency situations. Someone in this thread is trying to cite this case as an example of courts overruling what doctors say is an emergency and women being denied emergency care even though the law makes exceptions for it. But that isn’t the case here and she never in an emergency situation that would necessitate an abortion per her doctors. Whether or not Texas law should have exceptions beyond emergency abortions is a different topic. |
So you want her sitting in the hospital parking lot, waiting for her bold pressure to tank enough from sepsis that it becomes a dire emergency. Got it. |
^^blood |
She didn't have an emergency situation yet. But she likely would have if she hadn't gone out of state for an abortion. Very similar to this case, just on a longer timeline. |
Ok, but if you define "medical emergency" as the person is about to die then and there (which is how Ken Paxton defines it), then Josseli Barnica also did not have an emergency situation when she arrived at the hospital. That's the whole issue. The doctors said it wasn't an emergency yet because she was still stable, and they couldn't do anything until she became unstable a few days later and it was an emergency. But at that point, they were unable to save her. |
Bottom line: no one should be defining what is an "emergency" situation but the doctor. Why don't those f*n lawyers stay out of our health care? Go bother spousal abusers and child molesters. Leave the doctoring to the doctors. |
But the doctors ARE the ones deciding if it is an emergency. Katie’s Cox doctor didn’t feel it was an emergency. Why is this so hard to understand? SHE went to court against the state because she wanted to be granted a medical exception. Please find a case where a doctor preformed an abortion because they deemed a situation a medical emergency and were then found guilty of providing an illegal abortion. |
For Josseli Barnica, they didn't act when medically prudent to do so, because the law scared them into waiting. Why does something have to become an emergency? Do doctors wait to perform appendectomies until the very last moment because oh, the patient won't die, right now? No. This is only done with reproductive care. |
So in the current case prompting this thread, the woman did not become septic until after. She would not have become septic if she was given abortion, but AT THAT TIME, while a heartbeat was still present and she was NOT YET SEPTIC, she was not close enough to death's door to qualify. It's not medical malpractice because the doctors were following law. But also, yes, the fact that she couldn't get an abortion prior to development of sepsis meant she died in the end. Emergent is not a black and white situation. It is a continuum of risk and doctors are not psychic. The law does NOT quantify degree of risk nor can it even be quantified in each situation where patients will have a variety of contributing factors, underlying comorbidities, etc. that make every situation different. |
So much for pro lifers!!
Guess they care as long as you are a clump of cells. But once you are a full grown woman, you are on your own! Why can’t those Texas legislators be charged with murder???? |
Do you want your doctor weighing his odds of losing his license and going to jail against your odds of experiencing life threatening complication?
Trump and his justices have killed these women, as if his assault of women were not bad enough 😩 |
why on earth would a doctor put their practice on the line, including jail time, to provide what they deem "medical emergency" when a lawyer can decide what is or is not an emergency? I hope you or your loved one never finds themselves in this position. Or maybe you should so that you have some empathy for these women. Seems like some people have to learn the hard way. |
And let's be clear about this -- if they risk an investigation (not even a conviction, but a complaint made by anybody leading to an investigation), then their license is likely to be suspended, their privileges suspended, and all their other patients left in the cold without care. |
It is a huge problem with the “waiting until it is an emergency”. At that point the probability of maternal mortality may drop to 50%, when that could have been reduced to 1% had they been legally allowed to intervene earlier. |