Vaguely worded medical exceptions in abortion bans, and a lack of guidance on interpreting them, have led to some patients being denied care until they are critically ill.
Vague state laws, and a lack of guidance on how to interpret them, have led to some patients being denied care until they are critically ill
Confiding in a colleague, another OB/GYN practicing at Jackson Health, Ian Bishop, said he had tried unsuccessfully to get his hospital to “plan for the upcoming changes” in Florida’s abortion law, according to another email reviewed by The Post, expressing concern that the hospital “does not want to create a policy or guidelines, thus leaving those who perform abortions vulnerable and not the institution.
some said they were unable to reach those people when confronted with emergency situations after hours — provided with only office phone numbers or, in one instance, an email address.that they had provided doctors with guidance on how to interpret their state laws’ medical exceptions — often with carefully crafted answers that advised physicians to take a cautious approach.
While abortion laws specifically target the individuals involved in performing an abortion, the potential legal risk for hospitals is unclear. More than a dozen hospitals and their state and national associations declined to answer questions from The Post about their abortion policies, with officials privately citing fears of slashed funding or other retaliation from lawmakers.
Biden officials have repeatedly insisted that the nearly four-decade-old law takes precedence over state abortion bans. But several federal judges — all Trump appointees — have rebuffed those arguments, and said the White House is attempting to justify abortions by twisting rules that were meant to help low-income patients access emergency health care.
“Unfortunately, one of the drivers of medical decision-making regarding women’s health in Idaho is the fear of litigation and that’s not something Bonner General Health can control,” Sandy Brower, the hospital’s director of quality and risk management, wrote in an email.She now practices in Oregon.Many hospitals have resisted providing abortions for decades, with some allowing the procedure only to save the life of the mother or for fatal fetal anomalies.
“We had a big discussion,” recalled Stargel, who is no longer in the legislature. “Is health strong enough? Is mental health considered health? Is inconvenience considered health?” “This is what we are doing,” Rapkin recalled saying. She gestured to a list of more than a dozen life-threatening pregnancy complications and severe fetal abnormalities
“We do not take those risks, we just don’t. We’re a tax-supported organization,” said the lawyer, speaking on the condition of anonymity to discuss sensitive internal deliberations. “I think it’s so new and untested that lawyers don’t know how to interpret it.” “I knew we’d be doing more abortions at Tampa General than at any other hospital,” said Rapkin. “So I wanted to make sure everything I’m doing was in accordance with state law.”so long as doctors exercised reasonable medical judgment, Rapkin
The OB/GYN recounted a medical episode earlier this year in which a woman came into the emergency room after her water broke long before the fetus was viable, asking to be induced immediately. The woman was at high risk for infection or hemorrhage, and there was virtually no chance that her baby would make it to term — but, the OB/GYN said, the guidance shared by hospital leaders did not allow the doctors to end the pregnancy until the patient developed an infection the next morning.
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