By the time Ms. Farmer arrived at TUKH, she had been evaluated and it was clear that she had lost all her amniotic fluid, and her pregnancy—which she had dreamed of and longed for—was no longer viable. And unless she received immediate medical intervention to end the pregnancy in a medical setting, she was at risk of severe blood loss, sepsis, loss of fertility, and death.
It could not be a more obvious example of a medical error. When the law says this is allowed, the law is not at fault.
They are also caught in the ethical dilemma of “if I don’t treat this patient, it is highly likely they’ll be gravely injured or die.” Missouri law defines “emergency” elsewhere, and this case fits that bill. There was no actual legal impediment here.
“At risk” isn’t an emergency. All pregnancies have risk to the life of the mother.
An abortion was proactive healthcare. The law prevents it.
If your water breaks at 16 weeks, that is an emergency. According to the lawsuit, they knew this quite well:
It could not be a more obvious example of a medical error. When the law says this is allowed, the law is not at fault.