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.
Notice how that law is vague on the medical emergency aspects. When exactly is a women with an nonviable pregnancy a danger to the mother?
“Life-threatening condition” is a fairly wide umbrella. Given the number of people who die of sepsis every year, that sounds like a life-threatening condition to me. A substantial impairment is defined under federal law. Sepsis would likely also count there, too - it messes you up real badly, after all.
https://www.reuters.com/legal/texas-judge-allows-woman-get-emergency-abortion-despite-state-ban-2023-12-07/
That threat was because she could have sought a C-section. If I’m understanding this page correctly, one’s fertility is reduced by about 13% after a C-section. If I’m not, feel free to show me how I got it wrong. Did that guy ever end up prosecuting anyone involved, though? Why would a judge side with the prosecution after a court literally gave her an order permitting her to do that?