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Five women allegein the lawsuitthat uncertainty around when medical emergency exemptions in Texas’ abortion laws apply exacerbated medical emergencies that put their lives, health and fertility in danger.
“To the extent Texas’s abortion bans bar the provision of abortion to pregnant people to treat medical conditions that pose a risk to the pregnant person’s life or a significant risk to their health,” the lawsuit says, “the Bans violate pregnant people’s” rights under the state constitution’s provisions protecting fundamental rights and the right to equality.
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“Yet inconsistencies in the language of these provisions, the use of non-medical terminology, and sloppy legislative drafting have resulted in understandable confusion throughout the medical profession regarding the scope of the exception,” the lawsuit says.
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“Texas law makes it clear that a mother’s life and major bodily function should be protected. Any deviation, such as these allegations, should be investigated as potential malpractice and a non-physician (including hospitals) instructing a physician to act should be investigated as a prohibition on the corporate practice of medicine,” the August 2022 letter, from Republican state Sen. Bryan Hughes, said. He asked the board to issue guidance on the issue.
It remains to be seen what kind of success Monday’s lawsuit will have. The Texas State Supreme Court, which is typically the final arbiter of whether state laws comply with the Texas constitution,has ruled in favorof Texas abortion restrictions in previous disputes that went up to the state high court.
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One plaintiff in the lawsuit, Amanda Zurawski, says she “was forced to wait until she was septic to receive abortion care, causing one of her fallopian tubes to become permanently closed.”
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However, her doctors told her that they would not terminate her pregnancy until she was “considered sick enough that my life was at risk,” she recounted to 【 - Free Trading Group 】 last year, adding that she was told that could take hours, days or even weeks.
Zurawski and her husband decided they could not risk the several hours it would take to travel to another state where abortion would available. When she fell under a fever that spiked up to 103 and began exhibiting signs of sepsis, her doctors felt that they could legally induce labor without violating Texas’ abortion laws, according to the lawsuit. However, she went on to develop a secondary infection and septic shock, and her family flew into Austin, Texas fearing she could die. While she eventually recovered, the infections caused damage to her reproductive organs.
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It “was apparent that their doctors, nurses, and counselors were all fearful of speaking directly and openly about abortion for fear of liability under Texas’s abortion bans,” the lawsuit states.
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But even as doctors said the recommended treatment was an abortion, they told Zargarian they were barred from performing one because the fetal heartbeat was still detectable, according to the lawsuit. Eventually she obtained the procedure in Colorado, but now faces fear about becoming pregnant in Texas again because she has been told she will be at high risk of developing conditions linked to PPROM, the lawsuit says.
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“It appeared that the medical staff thought they were not supposed to know about Ashley’s abortion or discuss it with her,” the lawsuit said, adding that the remainder of her pregnancy “was plagued by fear and stress.” She ultimately delivered a healthy baby at 38 weeks into the pregnancy.
In a statement, Vice President Kamala Harris praised the lawsuit, saying it demonstrates that the fears about “the harm” patients “would experience as a result of Texas’ extreme laws” had turned into reality.
“The lawsuit includes devastating, first-hand accounts of women’s lives almost lost after they were denied the health care they needed, because of extreme efforts by Republican officials to control women’s bodies,” Harris said.
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