The China Mail - US doctors embroiled in sudden legal uncertainty over abortions

USD -
AED 3.673018
AFN 71.99985
ALL 87.274775
AMD 390.939743
ANG 1.80229
AOA 911.999933
ARS 1137.970103
AUD 1.565349
AWG 1.8
AZN 1.696802
BAM 1.720686
BBD 2.017877
BDT 121.428069
BGN 1.721593
BHD 0.376901
BIF 2930
BMD 1
BND 1.312071
BOB 6.906563
BRL 5.8082
BSD 0.999437
BTN 85.314611
BWP 13.77569
BYN 3.270808
BYR 19600
BZD 2.007496
CAD 1.384165
CDF 2877.000265
CHF 0.81849
CLF 0.025203
CLP 967.159689
CNY 7.294249
CNH 7.29554
COP 4310
CRC 502.269848
CUC 1
CUP 26.5
CVE 97.405606
CZK 22.038599
DJF 177.719828
DKK 6.56557
DOP 60.498823
DZD 132.56601
EGP 51.126901
ERN 15
ETB 133.023649
EUR 0.879325
FJD 2.283704
FKP 0.752659
GBP 0.753835
GEL 2.74009
GGP 0.752659
GHS 15.560015
GIP 0.752659
GMD 71.441137
GNF 8655.494061
GTQ 7.698128
GYD 209.656701
HKD 7.763675
HNL 25.908819
HRK 6.578201
HTG 130.419482
HUF 359.105018
IDR 16862.9
ILS 3.68639
IMP 0.752659
INR 85.3775
IQD 1310
IRR 42125.000163
ISK 127.590332
JEP 0.752659
JMD 157.965583
JOD 0.709302
JPY 142.384499
KES 129.479026
KGS 87.233502
KHR 4015.00028
KMF 433.501099
KPW 899.999997
KRW 1418.390281
KWD 0.30663
KYD 0.832893
KZT 523.173564
LAK 21629.99983
LBP 89599.999771
LKR 298.915224
LRD 199.974997
LSL 18.856894
LTL 2.95274
LVL 0.60489
LYD 5.469991
MAD 9.275028
MDL 17.289555
MGA 4552.892736
MKD 54.091003
MMK 2099.344606
MNT 3566.297198
MOP 7.990393
MRU 39.435529
MUR 45.090003
MVR 15.466982
MWK 1736.000133
MXN 19.71941
MYR 4.407503
MZN 63.904998
NAD 18.856894
NGN 1604.701516
NIO 36.775056
NOK 10.47246
NPR 136.503202
NZD 1.67405
OMR 0.384998
PAB 0.999437
PEN 3.762991
PGK 4.133235
PHP 56.712498
PKR 280.599154
PLN 3.762405
PYG 7999.894426
QAR 3.6406
RON 4.378103
RSD 103.137317
RUB 82.174309
RWF 1415
SAR 3.752237
SBD 8.368347
SCR 14.241693
SDG 600.501759
SEK 9.62027
SGD 1.310745
SHP 0.785843
SLE 22.774984
SLL 20969.483762
SOS 571.495264
SRD 37.150302
STD 20697.981008
SVC 8.745073
SYP 13001.855093
SZL 18.819789
THB 33.346969
TJS 10.733754
TMT 3.5
TND 2.987975
TOP 2.342098
TRY 38.020797
TTD 6.781391
TWD 32.52405
TZS 2687.49954
UAH 41.417687
UGX 3663.55798
UYU 41.913007
UZS 12986.521678
VES 80.85863
VND 25870
VUV 120.966432
WST 2.777003
XAF 577.111964
XAG 0.030664
XAU 0.000298
XCD 2.70255
XDR 0.717698
XOF 574.999869
XPF 102.774969
YER 245.249869
ZAR 18.821899
ZMK 9001.203383
ZMW 28.458439
ZWL 321.999592
  • VOD

    0.1350

    9.305

    +1.45%

  • RELX

    1.0000

    52.2

    +1.92%

  • RBGPF

    63.5900

    63.59

    +100%

  • NGG

    0.6300

    72.11

    +0.87%

  • RYCEF

    -0.1400

    9.36

    -1.5%

  • GSK

    0.5600

    35.93

    +1.56%

  • BP

    0.6600

    28.32

    +2.33%

  • CMSC

    0.0400

    21.82

    +0.18%

  • BTI

    0.5400

    42.37

    +1.27%

  • SCS

    0.0500

    9.76

    +0.51%

  • BCC

    0.7800

    93.47

    +0.83%

  • CMSD

    0.0400

    21.96

    +0.18%

  • RIO

    1.0100

    58.17

    +1.74%

  • JRI

    0.1600

    12.4

    +1.29%

  • AZN

    0.5400

    67.59

    +0.8%

  • BCE

    0.4200

    22.04

    +1.91%

US doctors embroiled in sudden legal uncertainty over abortions
US doctors embroiled in sudden legal uncertainty over abortions / Photo: © AFP/File

US doctors embroiled in sudden legal uncertainty over abortions

Days after the US state of Ohio banned abortions once a fetal heartbeat is detected, doctor Mae Winchester had a patient who needed to terminate her pregnancy to save her life.

Text size:

Her patient, who was 19 weeks pregnant, asked if "legally she was going to be OK and if legally I was going to be OK," Winchester told AFP.

It wouldn't have been a question when the nationwide right to abortion was still protected under the US constitution.

But the Supreme Court overturned the 1973 Roe v. Wade ruling on June 24 -- and some states, including Ohio, moved quickly to restrict the procedure, sometimes only with exceptions for medical necessity.

Doctors across the country were thrust into an ambiguous legal landscape that they say threatens both their ability to do their jobs and their patients' health.

While her patient had a clear medical emergency, with the rug pulled out from under the nearly 50-year-old right, that night Winchester made a call to the hospital's lawyers.

"I know what I need to do medically. But from a legal standpoint, how do I protect her? How do I protect myself? How do I protect our institution? Our nurses and anesthesiologist that are going to be involved with this case? It affects everybody," she said.

Such concerns echoed by doctors from varying specialities caught in the crosshairs of new laws, as well as health care lawyers working to help providers navigate the shifting ground.

"It's a bizarre situation where doctors have to be nervous even when they're providing legitimate care for potentially life-threatening conditions," said Harry Nelson, managing partner at health care law firm Nelson Hardiman, which advises physicians.

- Lose license? Face jail? -

The penalties in new legislation can be severe and not limited to losing one's medical license, but also possible felony charges, years in jail and thousands of dollars in fines.

Even the threat of litigation will take a toll, said Nelson, noting that few organisations and individuals can withstand the financial, logistical and mental cost "without a significant level of stress."

Some authorities in states with tight abortion restrictions have said the concern is misplaced because of laws' exceptions for medical endangerment, with anti-abortion advocates accusing opponents of "fear mongering."

But the risk is taken seriously by the Department of Health and Human Services.

It has said the Emergency Medical Treatment and Labor Act (EMTALA) supersedes state abortion laws if the procedure is needed to stabilize a pregnant patient -- a move praised by abortion rights supporters, who have pressured President Joe Biden's administration to preserve access to the procedure.

But the guidance has come under fire, with Texas Attorney General Ken Paxton suing the administration, saying it "seeks to transform every emergency room in the country into a walk-in abortion clinic."

It's unclear how zealous prosecutors will be, and a group of some 90 elected prosecutors from across the country as of July 14 have already said they will not pursue abortion cases.

But in Indiana, where abortion is still legal up to 22 weeks and the Republican-dominated legislature is considering tighter abortion restrictions, a doctor has already been threatened with investigation over performing the procedure for a 10-year-old rape victim who had to cross from neighboring Ohio.

The obstetrician-gynecologist (OB-GYN) was accused of not reporting the case, as state law requires in case of sex crimes involving minors -- an accusation has been disproved.

Nelson and other lawyers said much of the rhetoric amounts to "scare tactics" and political capitalization to garner support around one of the most hot-button issues in the country.

But he underscored that in states like Texas, Idaho and Oklahoma, which allow for civil lawsuits against anyone who knowingly "aids or abets" an abortion, there is real risk from "single issue agitated people who are... looking to make examples."

- 'Rock and a hard place' -

It's not only OB-GYNs who may be caught in the net, with doctors voicing fear over the impact on care for pregnant patients with diseases such as cancer, the treatment for which could harm a pregnancy.

Health care providers in states where abortion access is still available also are seeking advice, Nelson said, as anti-abortion leaders eye cross-border care as their next battleground.

"Because every situation is so different it's really hard for us to write guidelines, and everybody is asking for guidelines," said Wisconsin-based OB-GYN Kristin Lyerly, a legislative chair for the American College of Obstetricians and Gynaecologists (ACOG).

ACOG has joined some 75 other health care organizations in condemning legislative interference in the patient-doctor relationship after the Supreme Court ruling.

"Pregnancy management is complicated but doctors have to do it, not politicians," Lyerly told AFP.

Since Roe v Wade was overturned she's heard from colleagues feeling "stuck between a rock and hard place."

"What are you supposed to do? Commit malpractice or go to jail for being a criminal for performing an abortion?"

V.Fan--ThChM