A doctor she had never met entered the room. The new law does not apply to removing ectopic pregnancies that implant outside the uterus, which are not considered abortions under state law. Elizabeth and James Weller at their home in Houston two months after losing their baby girl due to a premature rupture of membranes. The staff remained vague about what came next, Elizabeth recalls. Acts 1989, 71st Leg., ch. More often than not, they just say they lost the baby. Texas' current heartbeat ban enables private citizens to sue anyone who helps someone get an abortion after about six weeks. Amplify your impact and donate now. We both have good jobs, weve got a house and we were at a place where if it happens, it happens, she said. She ate a healthy breakfast, went for a walk outside and came back home. Thats why Crawford said its important for patients to quickly seek medical care if they notice their pregnancy isnt progressing normally or they are bleeding. Dr. Ghazaleh Moayedi, an obstetrician/gynecologist and abortion provider in Texas, said the new law leaves unclear whether a physician can act when a woman has a spontaneous miscarriage and is bleeding heavily, but the fetus has not passed. "And if they didn't believe me, I was going to show it to them and say "Look! 5:22-cv-185-h (n.d. Or the judge could at least nullify FDA decisions in 2016 and 2021 that allowed at-home and mail-order chemical abortions. Initially, the patient may not be in danger, and under the law physicians may be prohibited from taking action, even though the baby will not survive. These dismissals only increase the sense of isolation, stigma and shame. DEFINITIONS. She and her husband immediately jumped into planning mode, scheduling an appointment at one of the only OB-GYN practices in town. Dr. John Thoppil, an obstetrician in Austin who is president of the Texas Association of Obstetricians and Gynecologists, said that shortly after the new law went into effect in September, a patient who relied on an intrauterine device for birth control became pregnant. In 2012, a woman died in Ireland after her waters broke at 17 weeks and doctors refused to give her an abortion. But the statutes dont account for complicated miscarriages, and confusion has led some providers to delay or deny care for patients in Texas. SHORT TITLE. But when membranes rupture earlier in pregnancy, particularly before 24 weeks, the chance of a fetus surviving plummets. Ilana Panich-Linsman for The New York Times. The women who will be forced to carry these babies are the women with less resources, he said. Coming back to Texas a few days later only amplified those feelings. Her doctor said she had been calling other hospitals, but none of them would help. Double your gift when you give by 6 p.m. Thursday. An ectopic pregnancy is 100% fatal if . New, untested abortion bans have made doctors unsure about treating some pregnancy complications, which has led to life-threatening delays and trapped families in a limbo of grief and helplessness . Were going to take care of you, and youre going to be OK, Hall remembers. I think most people would give tremendously leeway to that. As Hall learned the hard way, the law makes no exception for lethal fetal anomalies. Treatment of ectopic pregnancy is not prohibited by Texas' abortion laws. And Ogburn, who noted that he was speaking personally and not for the medical school, worries that fears about the Texas laws have already delayed care. Julia Robinson for NPR When they learned they were having a girl, Hall and her husband even picked out a name: Amelia. Walmart officials did not respond to multiple requests for comment. Elizabeth's pregnancy crisis began and ended weeks before June 24, when the U.S. Supreme Court struck down the federal right to abortion in its Dobbs v. Jackson ruling. Hall was outraged about the world that her daughter was going to be born into, but she didnt worry too much about how this would affect her pregnancy. So I'm here to call you to register for your delivery on October 5th, so I can collect all your insurance information. Patients experiencing miscarriage have also struggled to get prescriptions filled for misoprostol, which is used both to treat miscarriages and induce abortions. Down in the kitchen, images from recent scans and ultrasounds were stuck to the fridge. But then an overwhelming sense of calm washed over her. If a woman's life is in danger, she will be able to have an abortion. About 10% to 20% of confirmed pregnancies end in miscarriages, but estimates are as high as 30% to 50% for all pregnancies, including those in which a person may not know of the pregnancy. As Elizabeth recalled hearing, it was one particular doctor who had argued her case: "They found a doctor from East Texas who spoke up and was so patient forward, so patient advocating, that he said 'This is ridiculous.'". Even in cases of rape or incest, we dont advocate for taking the life of an unborn child for the crime of the father, he said. She was bereft, unable to even process the news. Even if it had, the Wellers were determined to proceed. Another patient in Dallas was denied a surgical procedure for a miscarriage, according to The New York Times, and a Texas woman told CNN she had to carry her dead fetus for two weeks until she could find an OB-GYN willing to remove it. Very young rape victims tend to seek prenatal care late, and they are more likely to have small babies that score poorly on tests of heart rate and muscle tone given immediately after birth. SB 8, which was signed into law by Texas Gov. They had bought a house in Kingwood, a lakeside development in Houston. The hospital where she works pays me to have these conversations with patients, but theres not necessarily any guarantee they would have my back should someone decide to list my name on a lawsuit, she said. But pregnancy care isnt as clear cut as the law makes it out to be, doctors say, and fear of criminal prosecution has led medical professionals to delay or deny care they otherwise would have provided. Texas has a trigger law on the books that will outlaw abortion almost universally beginning 30 days after the Supreme Court . Doctors can clearly legally save a woman's . How Every State Pro-Life Law Handles Ectopic Pregnancy and Miscarriage Texas police separate anti-abortion protestors from abortion supporters during the nationwide Women's March in Austin, Texas . "The care providers are treading on eggshells. It just seems cruel and unusual.. Texas law reflects this important distinction. And I knew my baby was suffering, I knew I was suffering, I knew my husband was suffering.". Sept. 1, 1989. When the couple moved from Washington state to Texas in 2021, they were trying to . Hall went on to become a nurse and, together with her husband, created a life in the same town where they both grew up. hide caption. It went into effect on Sept. 1. You have to suddenly leave for a medical procedure, and you dont know whats going to happen, so despite everything that made me leave, it was a relief to be back home, she said. "You have to ask yourself, would I put any living thing through the pain, and the horrors, of having to try to fight for their life the minute that they're born?". To Elizabeth, termination also felt like the most merciful option for her fetus. It was like an evidence bag. Grumet: Fears over Texas' abortion laws interfere with urgent, life-saving care. Because the providers have a choice whether to provide and the patients are the ones who need the care. Those can be acute life-threatening emergencies, she said. Texas' abortion restrictions a ban that prohibits most abortions after about six weeks of pregnancy, as well as a law passed last year that will ban nearly all abortions, plus older statutes . The maternal fetal medicine specialist at the University of Texas Southwestern Medical Center in Dallas published a blog post last August to inform patients that treatment for cesarean scar ectopic pregnancies are legal under Texas's abortion law. October 22, 2021. When you join us at The Texas Tribune Festival Sept. 22-24 in downtown Austin, youll hear from changemakers who are driving innovation, lawmakers who are taking charge with new policies, industry leaders who are pushing Texas forward and so many others. The ethics panel had reached a decision, the doctor told them. At least several OB-GYNs in the Austin area received a letter from a pharmacy in late 2021 saying it would no longer fill the drug methotrexate in the case of ectopic pregnancy, citing the recent Texas laws, said Dr. Charlie Brown, an Austin-based obstetrician-gynecologist who provided a copy to KHN. Dr. John Thoppil, president of the Texas Association of Obstetricians and Gynecologists, said doctors usually note a diagnosis when prescribing medicines, and prescription rejections dont appear to be widespread. A more common scenario also raises difficult questions, said Dr. Ghazaleh Moayedi, an obstetrician and gynecologist in Texas who provides abortions. For 24/7 mental health support in English or Spanish, call the Substance Abuse and Mental Health Services Administrations free help line at 800-662-4357. She had the proof. Dr. Ingrid Skop, an obstetrician in San Antonio who belongs to the American Association of Pro-Life Obstetricians and Gynecologists, said that even a girl as young as 9 or 10, impregnated by a father or a brother, could carry a baby to term without health risks. Find a complete list of them here. If youre having severe pain, if youre getting a fever, you need to keep your medical team in the loop, Crawford said. Recently passed laws make abortion illegal after about six weeks into a pregnancy. Many of these lethal fetal abnormalities come to light at an anatomy scan performed later in pregnancy. Since Sept. 1, abortion has been illegal in Texas after six weeks gestation, with one exception: If a doctor determines that a patient will face a " medical emergency " if the pregnancy continues, they can perform an abortion later on without breaking the law. "It might even be scary for you to reach out and seek support even mental health support. "It's just really unimaginable to be in a position of having to think: How close to death am I before somebody is going to take action and help me?". Medical v. legal . "I told her 'I'm so sorry. At the same time, she was searching for abortion clinics. Miscarriages occur in roughly 1 out of 10 pregnancies. Many doctors say they are unable to discuss the procedure as an option until the patients condition deteriorates and her life is at risk. The emotional toll was what worried Hall most of all. For patients who are not pregnant, it can also open up the cervix and make surgeries safer, Crawford said. As a subscriber, you have 10 gift articles to give each month. She had cramps, and was passing clots of blood. "This poor woman had no idea what she was telling me. Hall and her husband would like to try again at some point. ", Her waters had broken, launching her into what she calls a "dystopian nightmare" of "physical, emotional and mental anguish." Because at this point, I'm in survival mode. Methotrexate or surgery are the only two options listed in the medical guidelines to prevent the fallopian tubes from rupturing and causing dangerous bleeding. James rushed home from work and drove Elizabeth to the nearby Woodlands Hospital, part of the Houston Methodist hospital system. Either way, she saw nothing ahead but fear and grief prolonged, delayed, amplified. [1/2] Pro-choice and anti-abortion both demonstrate outside the United States Supreme Court as the court hears arguments over a challenge to a Texas law that bans abortion after six weeks in . Supporters of the law say their goal is to save the life of every embryo, regardless of the circumstances of conception. Carrying the pregnancy to term would be emotionally grueling and would also raise the mothers risk of blood clots and severe postpartum bleeding, the doctor warned. Texas Gov. In one case, a central Texas hospital reportedly told a physician not to treat an ectopic pregnancy until it ruptured, the letter said. The ob-gyn, who said she could not speak to the media, laid out two options, according to Elizabeth. . Dr. Lauren Thaxton, an OB-GYN and assistant professor at the Dell Medical School at the University of Texas-Austin, has already heard about local patients who have been miscarrying, and couldn't get a pharmacy to fill their misoprostol prescription. Or in cases of rape or incest? In a sudden obstetrical emergency, a termination might be the least risky option, clinically. "And yet we're being pulled through this.". Join us for Texas biggest politics and policy event when you buy your tickets today. "I wouldn't say this is true for our practice," he said. Misoprostol is used to help prevent stomach ulcers, but it can induce abortions, particularly if taken along with mifepristone. She wished she could make them answer for the states near-total ban on abortions after the overturning of Roe v. Wade just a few weeks prior. Many of the patients that we see in my practice already have to drive so far away to get basic prenatal care, Cheng said. But those numbers have skyrocketed since Roe v. Wade was overturned. Elizabeth touches the urn of her daughter. See the growing speaker list and buy tickets. Enough to make her retch. He said the association has been in communication with some pharmacy leaders to help clarify proper interpretation of the rules.. ", Elizabeth thought of abortion rights in broad terms: "I have said throughout my life I believe that women should have the access to the right to an abortion. Sometimes, she said, a woman has a spontaneous miscarriage and is heavily bleeding, but the fetus has not passed and cardiac activity can still be detected. Texas providers are still adjusting to other ripple effects that affect patient care. And that was always the scenario I used to explain what a ban would do, and I never met a self-proclaimed conservative that doesnt think those exceptions should be in place.. "Most women would find it extremely difficult and emotionally very challenging. I'm actually headed home right now because I have to await my dead baby's delivery.' She places the blame for the ensuing medical trauma on the Republican legislators who passed the state's anti-abortion law, on Texas Gov. "It's this woman who was saying 'Hi Miss Weller, you're at the 19 week mark. Like other physicians, Dr. Palmer said she was uncertain whether counseling that patient about all of her options, including terminating the pregnancy outside Texas, would have been considered aiding and abetting., The law is murky, but heres the bottom line, she said. Fetuses who do survive a premature delivery can die soon after birth, or, if they survive, may experience major problems with their lungs, or suffer strokes, blindness, cerebral palsy or other disabilities and illnesses. All of Texas abortion laws have exceptions to treat miscarriages and ectopic pregnancies, a potentially life-threatening condition in which a fertilized egg grows outside the uterus, as well as to save the life of the pregnant patient. A fight began, which Elizabeth first became aware of as her doctor paced the hall outside her room, talking on her phone. 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