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.
I think the text of the law is quite plain. It’s not a huge reach to imagine that this is yet another terrible instance of a medial error. Hundreds of thousands of people die every year because of them. If you want to talk about enforcement, then we have at least one case of a doctor having a lawsuit against him dismissed after he was accused of providing an abortion. Also, as of 2023, nobody had been arrested for providing an abortion.
I appreciate you trying to see things from my perspective, but the facts of the case seem pretty clear to me. Arguing that this is because of the abortion law doesn’t make a whole lot of sense. If the law says “you can shoot someone if they invade your home,” much the same as this law does, it’s not the legislators’ fault if I freeze up when my home is invaded and die. Medical error, either because of bad legal advice or a poor understanding of medicine, is more reasonable as an explanation.