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this post was submitted on 20 Nov 2024
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Leopards Ate My Face
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Sounds like she was not experiencing an emergency medical condition that would have required stabilization. It could have become more severe, which explains why conventional care would have been abortion, but it was not, at the moment of presentation.
Sure would be nice if they would just let the physicians practice medicine, without having to second guess which law takes precedence.
In your opinion. Unless you're a Missouri judge, that opinion is not useful.
That's a misinterpretation of EMTALA and the words of the HHS secretary.
They didn't say that they would protect providers who perform abortions. They said they would seek civil punishment for those that do not. That's very different from providing protection.
See my comment above for more details.
The HHS secretary can say whatever they want. It doesn't mean they know how things will play out in court. Hospitals employ leagues of lawyers to assess legal risk/exposure and with criminal penalties on the table in all of the 14 states where abortion is banned, it appears that they've determined its better to pay the fine than have many of their doctors and nurses go to jail.
Let's leave aside that a surgeon cannot operate without the infrastructure a hospital makes available to them in most cases. OR space, equipment, scrub nurses etc. If hospital management decides the risk is too high, the surgeon/obstetrician's hand are tied.
Let's say that's not an issue. Would you risk your career and livelihood in this scenario? It's easy to talk a big game but the vast majority of people would not. I can't blame them. I blame the legislators and those that elected them.