2 Women Died Because of Texas’s Extreme Abortion Law

Texas abortion law hinders medical care

2 Women Died Because of Texas’s Extreme Abortion Law In October 2023, 18-year-old Nevaeh Crain tragically died after seeking medical help three times for pregnancy complications at Texas hospitals. Initially diagnosed with strep throat and sent home despite severe symptoms, Crain later tested positive for sepsis at another hospital but was discharged after minimal treatment. On her third visit, doctors delayed aggressive treatment, insisting on multiple ultrasounds to document fetal demise, as required by Texas abortion laws. By then, Crain’s condition had worsened to organ failure, and she died despite ICU care.

Crain’s mother, Candace Fails, questions why doctors prioritized the fetal heartbeat over her daughter’s worsening health. Texas laws, which impose harsh penalties for abortions even in emergencies, have reportedly made doctors hesitant to intervene quickly in pregnancy complications for fear of legal repercussions. Medical experts said that the confusion around legal obligations has led to dangerous delays, likening patients in these situations to being passed around by hospitals that fear liability.

The Texas Attorney General has maintained that state laws supersede federal emergency care mandates, arguing that even life-saving procedures that might be viewed as abortions are prosecutable. The Supreme Court recently upheld Texas’s stance, further restricting doctors’ ability to act without risking legal consequences.

Despite Fails’ desire for accountability through legal action, Texas law requires proof of “willful and wanton negligence” for emergency room cases, a higher standard than general malpractice claims. No attorney has agreed to take Fails’ case, leaving her to mourn and seek answers without legal recourse.

2 Women Died Because of Texas’s Extreme Abortion Law A group of 111 OB-GYNs in Texas issued a letter to state leaders, urging amendments to current abortion laws that they argue have impeded their ability to provide lifesaving care for pregnant patients. The letter references *ProPublica*’s investigation into the deaths of two women, Josseli Barnica and Nevaeh Crain, whose deaths were deemed preventable by medical experts.

Barnica, 28, died in 2021 from an infection after a miscarriage, but doctors delayed intervention until a fetal heartbeat was undetectable, which took 40 hours. Crain, 18, passed away in 2022 due to sepsis, with hospital staff deferring treatment while the fetus still had a heartbeat. Medical professionals indicated that earlier treatment could have led to an emergency delivery or life-saving measures for Crain.

Texas’s restrictive 2021 law prohibits abortions after six weeks and allows citizens to sue those involved in performing them, with violators facing severe penalties, including losing their medical license and life imprisonment. Despite an exception for life-saving circumstances, many doctors report unclear guidelines, making it difficult to interpret the law effectively. The Texas Medical Board has provided some guidance, and the state’s Supreme Court has clarified that physicians don’t need to wait until an immediate risk is present. However, vague regulations have led hospitals to assess cases individually.

2 Women Died Because of Texas’s Extreme Abortion Law These issues have gained attention during the Senate race between U.S. Sen. Ted Cruz and Rep. Colin Allred, who have clashing views on abortion. Allred criticized Cruz, linking his policies to the inability of doctors to provide necessary emergency care. Cruz, who has supported restrictive abortion measures and hailed the overturning of *Roe v. Wade* as a victory, expressed sympathy for the deaths but maintained that life-saving procedures remain legal in Texas.

In response to criticism, Texas legislators previously passed a law allowing abortions for ectopic pregnancies and cases where the patient’s water breaks before viability. The OB-GYNs concluded their letter by emphasizing the need for legislative changes to support medical decisions made by patients, families, and healthcare providers.

Texas abortion laws spark controversy

2 Women Died Because of Texas’s Extreme Abortion Law A recent report by ProPublica has highlighted the 2021 death of Josseli Barnica, a 28-year-old mother who succumbed to sepsis after doctors delayed treatment during her miscarriage. Medical staff reportedly told Barnica that intervening before the fetus’ heartbeat stopped would be a “crime,” leading to fatal delays.

This revelation has amplified concerns about Texas’ stringent abortion laws, which many argue limit doctors’ ability to manage pregnancy complications. Rep. Colin Allred, who is running for the U.S. Senate and prioritizing abortion rights in his campaign, attributed Barnica’s death to restrictive state laws, calling out Sen. Ted Cruz’s support of these measures. Allred stated that “Texas women have been denied the life-saving health care they need” due to these laws.

Sen. Cruz, however, expressed sorrow over the case while maintaining that state laws are not to blame, emphasizing that Texas law allows procedures to save a mother’s life. He underscored that care should be provided when necessary, although physicians argue that the law’s language is ambiguous, making it difficult to act without fear of repercussions.

Texas legislation bans almost all abortions, with no exceptions for rape or incest, and imposes severe penalties for violations. While there are exceptions when a pregnancy poses a life-threatening risk to the mother, many medical professionals have called the criteria unclear. The Texas Supreme Court upheld these laws in May, ruling that they allow interventions before emergencies become dire.

2 Women Died Because of Texas’s Extreme Abortion Law ProPublica’s findings have further fueled political discourse, particularly with key elections and local initiatives, such as Amarillo’s “sanctuary for the unborn” proposal. This local measure would enable residents to take legal action against those assisting abortions and ban abortion-related travel through the city.

The report also comes amid debates on border security and healthcare for undocumented immigrants in Texas, with Gov. Greg Abbott mandating hospitals to report data on non-citizens to track associated medical costs. Critics argue this could discourage undocumented individuals from seeking essential medical care. The Texas Hospital Association has reassured that care will remain unaffected, emphasizing compliance with the new order, which applies to facilities in Medicaid and CHIP programs.

Amidst these ongoing policy discussions, an emotional meeting at Austin City Hall highlighted a different story of tragedy and reform. Councilmember Mackenzie Kelly met with the Bernard family, who were injured when a drunk driver crashed into a hospital lobby earlier this year. This encounter led Kelly to draft an ordinance requiring hospitals to install crash-rated bollards to enhance safety. The proposal, set for a December vote, has spurred conversations about broader legislative changes to ensure public safety at medical facilities.