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Reply to "Texas woman died because of abortion ban"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][size=18] [/size][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is doctor malpractice. The baby’s head was already exiting the cervix and she needed medicine to speed up the delivery. It’s not even about abortion which is allowed under Texas law for a “medical emergency” anyway, she was in the middle of a miscarriage that they allowed to go on too long. [/quote] But the heart hadn't stopped beating and under Texas law that was the relevant part. You see, if you think that doctors should be able to exercise reasonable judgment, then you should advocate for laws that allow doctors to do just that. Because these doctors certainly did not want this woman to die, and they also didn't want to go to jail - and they chose the latter over the former. THAT is the system that Texas Republicans have in place, thanks to Donald Trump - serial rapist, payer of many abortions. These are not reasonable laws. You can talk out both sides of your mouth trying to insist they are. But this woman is dead. I think her argument is more persuasive.[/quote] Speeding up delivery is not an abortion, for one. She was already delivering the child. In addition, Texas law allows for abortions in a “medical emergency” so again, this is doctor malpractice.[/quote] Correct. The doctor failed to recognize medical the distress his patient was in and failed to provide emergency treatment. Unfortunately this happens with or without abortion bans. You internet warriors can find many many articles of pregnant women who get septic, die, bleed to death because their OB/Gyn waited too long or did the wrong thing- even in blue states. It’s MALPRACTICE [/quote] I guess you think the doctors need to go to jail for not giving her an abortion then. What a great system. [/quote] Of course. Failing to treat a patient in an emergent situation that leads to their death should be prosecuted. It was clear this was an emergency and he failed to act. What’s the gray area? [/quote] Because the emergency treatment she needed was illegal.[/quote] Actually it wasn’t, which is why it is malpractice. Emergency treatment IS legal, even abortions, in every single state [/quote] No, it was illegal. “But Texas’ new abortion ban had just gone into effect. It required physicians to confirm the absence of a fetal heartbeat before intervening unless there was a “medical emergency,” which the law did not define. It required doctors to make written notes on the patient’s condition and the reason abortion was necessary. The law did not account for the possibility of a future emergency, one that could develop in hours or days without intervention, doctors told ProPublica. Barnica was technically still stable. But lying in the hospital with her cervix open wider than a baseball left her uterus exposed to bacteria and placed her at high risk of developing sepsis, experts told ProPublica. Infections can move fast and be hard to control once they take hold.” [/quote] The law doesn’t need to define medical emergency because that is what doctors are trained to identify. She was left 9cm dilated for over 40 hrs, with zero intervention. Of course that is an emergency and the doctor failing to act can’t hide behind abortion restrictions. They will be sued and they will lose [/quote] When Kate Coxs doctors said her situation was a medical emergency, Ken Paxton disagreed and threatened to prosecute them. So it’s not actually the doctors decision. It’s the decision of prosecutors months or years after the fact. No doctor is going to bet their freedom on what Ken Paxton considers to be an emergency.[/quote] Actually you are mistaken. Her doctors didn’t think she needed an emergency abortion, which is why they wouldn’t do one, which is why she went to court to try and get an appeal. She had a “high risk” pregnancy due to her c-section x2 history and some elevated blood pressures. But she was never in an emergency situation. She and her husband decided between the diagnosis of the baby and her underlying risk, it wasn’t worth continuing the pregnancy, but that is not the same thing as being denied emergency care. [/quote] They didn't think she needed an emergency procedure right at that moment, no. But it should have been her and her physician's discussion to weigh her options for her own longterm safety without interference -- whether her first physician, or someone she went to for a second or third opinion.[/quote] 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. [/quote] 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.[/quote] 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.[/quote]
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