Josseli Barnica is one of at least two pregnant Texas women who died after doctors delayed emergency care. She’d told her husband that the medical team said it couldn’t act until the fetal heartbeat stopped.

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.

  • kata1yst@sh.itjust.works
    26·
    22 days ago

    Read your own link.

    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. “Substantial impairment of a major bodily function” is not defined in this chapter.

    So, the words say that they can help, but because they (very intentionally) made the definitions of ‘life threatening condition’ and ‘Substantial impairment of a major bodily function’ undefined, there is no legal way for a doctor to bring harm to a fetus with a heartbeat without exposing themselves to the draconian Texas penalty laws https://guides.sll.texas.gov/abortion-laws/civil-penalties

    • the_toast_is_gone@lemmy.world
      28·
      22 days ago

      The physician believed that a medical emergency had taken place, and therefore it would have been legal. And would you rather face legal consequences, or watch someone die in front of you because you could help them but didn’t?