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this post was submitted on 20 Nov 2024
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Leopards Ate My Face
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This is not a medical error. EMTALA is not a protective law for healthcare facilities or professionals. The state can still prosecute based on their own laws, and in Texas, for example, performing an abortion can come with a lifetime sentence.
From the medical provider and hospitals standpoint, you are now stuck between a rock and a hard place. Perform an abortion and face criminal charges from the state or refrain and face civil charges from the fed.
If you had the choice to face a criminal charge (prison sentence) or a civil charge (fine), which would you pick?
Which federal law are you referring to? EMTALA does not supersede state law, nor does it prevent the state from pursuing criminal charges for abortion.
It's unrealistic to expect a significant number of doctors to throw away their livelihoods and go to prison to prove a legal threat. Doctors are being advised by risk management divisions of the hospital to not even consider abortions in these cases (in certain states) because it means saying goodbye to your practice, your savings, and your family.
https://www.texastribune.org/2024/01/02/texas-abortion-fifth-circuit/
Texas disagrees. Please see above source.
No one's going to risk their livelihood on precedent. While legal precedent is important, it doesn't provide meaningful reassurance when the stakes are this high.
Do you have any specific examples of such cases?
EMTALA does not apply once the patient has been admitted to the hospital. It applies to ER care only.
There is no medicolegal standard for "life-threatening" That determination is, to a degree, subjective.
In many cases, a patient will come to the ER in a non life threatening clinical state and get sicker following admission. EMTALA no longer applies to these patients.
If, in retrospect, a doctor performs an abortion and its decided that the mother's life was not at risk, they face a felony charge.
Per the Texas Supreme Court, exceptions apply only when death or serious physical impairment is imminent (which is probably too late to save the patient and have a good functional outcome, unfortunately)
The problem here is legislation. There is no medical error. Practitioners are making a risk-benefit assessment and choosing not to martyr themselves.
I feel that you're not familiar with medical practice and are oversimplifying a very complex issue.
I'm going to leave it at this: Doctors and lawyers know more about this than you or I do and it borders on conspiracy peddling to think that not saving a life is being done through simple negligence here.
That particular case needs to be fleshed out in court and may well be an anomaly but there's a reason she is not the only one and the source of that is in the legislature.