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.
Yes they should have but didn’t because of a vague law that does not lay out exactly when the mothers life is in danger. Does she have to be in pain? Conscious? Bleeding? Irregular heartbeat? Does the fetus have to viable? The law does not allow for interpretation so hospitals literally have to wait until the women is in cardiac arrest to act. So yes if this women was in any normal state with normal defined laws that don’t restrict how doctors decide what their patients need. So yes they should have acted but couldn’t.
The 2017 law allowed abortions in emergencies as defined in Section 171.002, Health and Safety Code. This is what it says:
“As certified by a physician” means the physician can decide whether this is a life-threatening emergency.
https://www.reuters.com/legal/texas-judge-allows-woman-get-emergency-abortion-despite-state-ban-2023-12-07/
Hmmmmm it’s like the religious right nut jobs don’t trust science and doctors.
Please see my reply to your other comment. I don’t see how this has anything to do with science and doctors rather than some idiot giving fatally bad legal advice.
Did you read the article?
I did. Here’s how I replied:
Elaborating further, though the odds of the baby surviving past the first year are only 5-10%, its life should still be preserved if possible. People can and do elect to have surgery despite a low chance of survival.