Josseli Barnica grieved the news as she lay in a Houston hospital bed on Sept. 3, 2021: The sibling she’d dreamt of giving her daughter would not survive this pregnancy.

The fetus was on the verge of coming out, its head pressed against her dilated cervix; she was 17 weeks pregnant and a miscarriage was “in progress,” doctors noted in hospital records. At that point, they should have offered to speed up the delivery or empty her uterus to stave off a deadly infection, more than a dozen medical experts told ProPublica.

But when Barnica’s husband rushed to her side from his job on a construction site, she relayed what she said the medical team had told her: “They had to wait until there was no heartbeat,” he told ProPublica in Spanish. “It would be a crime to give her an abortion.”

For 40 hours, the anguished 28-year-old mother prayed for doctors to help her get home to her daughter; all the while, her uterus remained exposed to bacteria.

Three days after she delivered, Barnica died of an infection.

  • @Sterile_Technique
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    282 months ago

    The patient must have a life-threatening condition and be at risk of death or “substantial impairment of a major bodily function” if the abortion is not performed.

    The problem is that legal jargon and medical jargon are very different animals. The legal is deliberately ambiguous, and the medical is hyper-specific… so doctors are left scratching their heads about things like “is the white blood cell count high enough for a lawyer to call this life threatening?” “Is the blood pressure low enough?” meanwhile the mother waits and dies.

    “During a medical emergency” or “life threatening” are copouts that don’t actually mean shit, and no doctor is going to risk going to prison to find out.

      • @dgmib
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        2 months ago

        Any doctor that performs an abortion in Texas is risking a minimum $100,000 fine and permanently losing there license to practice medicine if lawyers, who are not medical professionals, decide it was medically necessary yet.

        As a result, doctors in TX have been advised by their lawyers not to perform abortions unless the mother is literally minutes away from death, because otherwise you can’t prove that it was medically necessary.

        In the case, the patient died of sepsis. Doctors couldn’t perform the abortion when she needed it because they couldn’t prove that it was medically necessary yet.

        They knew that not performing the abortion would put mom at a much high risk of dying later. But they couldn’t legally prove that risk exists because all pregnancies involve some degree of risk.

        If you want doctors to perform medical procedures when it’s medically necessary, you need doctors making that decision, not lawyers, not the state. That’s what Texas had before this law went into effect.

        It’s literally created a trolly problem, it’s now better for the doctors to let some women die so they can save more lives later.

        • @the_toast_is_gone
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          -92 months ago

          But we have “over a dozen” medical experts who say it would have been the correct decision, and the law explicitly allows it. If it’s so obvious that over a dozen experts who never spoke to the patient could know it was the right decision, then how does a competent doctor actually interacting with the patient not know that?

          • @dgmib
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            62 months ago

            Yes.

            That’s the problem with this law.

            It takes the decision away from the medical experts, and puts in the hands of lawyers and judges who may or may not have a different agenda.