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this post was submitted on 20 Nov 2024
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Leopards Ate My Face
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From your link:
"At the time of the discussion, Farmer was medically stable, with some vaginal bleeding that was not heavy. “Therefore contrary to the most appropriate management based (sic) my medical opinion, due to the legal language of MO law, we are unable to offer induction of labor at this time,” the report quotes the specialist as saying."
So yes, the law did prevent an abortion and endangered her life.
She is suing because she expected an exception for herself.
Sounds like she was not experiencing an emergency medical condition that would have required stabilization. It could have become more severe, which explains why conventional care would have been abortion, but it was not, at the moment of presentation.
Sure would be nice if they would just let the physicians practice medicine, without having to second guess which law takes precedence.
In your opinion. Unless you're a Missouri judge, that opinion is not useful.
It could be very easily argued that "could deteriorate rapidly" is not a medical emergency, and therefore does not meet the requirements of the MO or federal laws to allow for inducing labor or abortion.
Given the overzealous rhetoric from state officials, I understand the hospital and doctor's reluctance to provide care. We are fucking ourselves.
This is not a medical error. EMTALA is not a protective law for healthcare facilities or professionals. The state can still prosecute based on their own laws, and in Texas, for example, performing an abortion can come with a lifetime sentence.
From the medical provider and hospitals standpoint, you are now stuck between a rock and a hard place. Perform an abortion and face criminal charges from the state or refrain and face civil charges from the fed.
If you had the choice to face a criminal charge (prison sentence) or a civil charge (fine), which would you pick?
Yeah but I can't blame the doctors for refusing, when in doubt a right wing jury without medical training will decide if it was an emergency or not, and your freedom depends on their verdict.
But that is the explicit threat. That is what law makers are saying they are setting as precedent.
Doctors swear an oath, "first, do no harm." So yes we can blame the doctors!
Doctors are supposed to behave ethically regardless of the law. This is not a new thing! Doctors providing appropriate treatment despite the law is a very fucking long tradition in medicine.
It isn't. Name one time that happened.
"Do no harm" doesn't mean "risk your livelihood and freedom to perform an operation that a patient can get elsewhere".
Just one? Sherwin Raymond: https://newrepublic.com/article/167633/roe-wade-abortion-doctors-dobbs-prison
...but doctors have been imprisoned or killed for treating the "enemy" since, well, doctors.
What defines a medical emergency in rhe eyes of the law? How many hospitals are going to perform an abortion they deem a medical emergency only to be potentially sued by an AG who disagrees that it was medically necessary?
So if the law didn't exist there'd be nothing to misjudged...