this post was submitted on 04 Nov 2024
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Summary

Eighteen-year-old Nevaeh Crain died from sepsis after Texas’s abortion ban delayed critical medical intervention during her pregnancy complications.

Despite multiple ER visits and severe symptoms, doctors waited to confirm fetal demise before acting due to the state’s restrictive laws. Crain endured intense pain and deteriorating health over multiple hospital visits, ultimately suffering a miscarriage and passing away from internal bleeding.

Medical experts believe timely intervention could have saved her. Her mother, Candace Fails, is pursuing legal accountability but faces significant legal hurdles under Texas’s stringent emergency care standards.

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[–] circuscritic@lemmy.ca 7 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

What are you talking about?

Are you saying that instead of suing the hospital, she should start up a PAC to go after hundreds of Texas state politicians...?

Because if you meant sue them for wrongful death, they are exempt. So even if they are more directly culpable in their daughter's death, she cannot bring direct legal action against them for that.

[–] jordanlund@lemmy.world 7 points 2 weeks ago (2 children)

Criminal action. They directly killed her daughter.

[–] circuscritic@lemmy.ca 14 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

You are aware that legislatures cannot be held directly criminally responsible for the laws they pass, right?

I'm not disputing that their actions killed their daughter, I'm trying to explain to you that they cannot be held legally responsible in the manor you're suggesting.

[–] jordanlund@lemmy.world 1 points 2 weeks ago (1 children)

Shouldn't stop anyone from trying. The press alone would be worth it.

[–] circuscritic@lemmy.ca 13 points 2 weeks ago* (last edited 2 weeks ago)

There wouldn't be any press....

No lawyer would take the case. Hell, a lawyer might even get sanctioned for even attempting to file it.

This isn't like an uphill legal battle where there's a process that can draw attention. It's a non-starter.

Pretend you file a lawsuit by filling out a form online, but whenever you try and submit this lawsuit, it goes to 404 not found. You're suggesting they spend thousands of dollars, for a 404 error.

However, suing the hospital, is a very long and drawn out legal process.... So if your goal is to bring attention to the issue, well there you have it.

[–] sour 3 points 2 weeks ago

It's indirect.