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this post was submitted on 05 Aug 2023
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Who holds the burden of proof, though? Will the doctor have to prove that his choice was done in good faith to claim that his procedure was lawful, or will a prosecution have to prove bad fath? It might seem like semantics, but I bet a lot of doctors will be risk averse if they hold the burden of proof.
Regardless this seems like it will just be used by the state/wealthy organizations to drag doctors through court until they’re out of money. If I were a doctor in Texas I still wouldn’t even consider an abortion for fear of losing everything.
@echutaa @vettnerk
If I were a doctor in Texas I would be leaving Texas asap.
Same for Florida.
And it's not just the doctors. Hospitals are businesses that are not interested in taking on financial and legal risk. Even if a doctor is willing, they won't be able to, if they don't have a hospital facility that will allow it
There would be the need to set up liability insurance and the procedures and premiums would just be too expensive compared to other states that won't have those issues or hindrances.
It would be like telling you had to spend $300 on a fast food burger, when the other states only charge $10 - $15.
The current Texas law puts the burden on doctors; they have to PROVE that an abortion to save life of the mother was the ONLY option. Doctors do not want to risk jail time and a trial over this, so many necessary abortions were held back, endangering the mother. The court notes this which is why the ruling was issued. Texas AG is denying this reality and claiming the women are being hysterical.
Women can be doctors too. Most ob/gyns are women.