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Texas OB-GYNs Call for Change in Abortion Laws After Deaths of Pregnant Patients

In an urgent plea to Texas lawmakers, a group of 111 OB-GYNs has issued a letter calling for changes to the state’s restrictive abortion laws. Citing recent deaths of pregnant women denied timely medical care, the doctors argue that current legislation hampers their ability to provide essential, lifesaving treatment.

The letter, released Sunday, highlights the cases of two women, Josseli Barnica and Nevaeh Crain, whose tragic deaths were reportedly preventable. Both women died after experiencing pregnancy complications that doctors were hesitant to treat under Texas’s strict abortion laws.

Two Tragic Deaths: The Cases of Josseli Barnica and Nevaeh Crain

The deaths of Barnica and Crain, both young women from Texas, have become emblematic of the consequences of restrictive abortion legislation. According to a ProPublica investigation, Barnica, 28, died of an infection three days after beginning to miscarry in 2021. Doctors refrained from intervening due to the state’s law prohibiting abortions when a fetal heartbeat is present. Her infection worsened as medical staff waited for the heartbeat to cease—a delay that experts say cost her life.

In a similar case, Crain, 18, developed sepsis—a life-threatening infection—while six months pregnant. She was denied treatment at two emergency rooms and only received care at a third hospital after her condition deteriorated to the point of organ failure. Experts contend that had doctors acted sooner, they might have been able to save Crain by ending the pregnancy before her infection became irreversible.

“Josseli Barnica and Nevaeh Crain should be alive today,” the doctors wrote. “As OB-GYNs in Texas, we know firsthand how much these laws restrict our ability to provide our patients with quality, evidence-based care.”

Texas abortion rights march

Confusion and Fear Among Texas Doctors

In 2021, Texas enacted a law banning most abortions after six weeks of pregnancy, with an unusual enforcement mechanism allowing private citizens to sue those involved in providing abortions for $10,000. Following the Supreme Court’s Dobbs decision, Texas expanded its ban, prohibiting nearly all abortions, including in cases of rape and incest. Exceptions are permitted only when the mother’s life is at risk, but the ambiguity surrounding what qualifies as a life-threatening condition has led many doctors to err on the side of caution.

The Texas Medical Board has offered guidance on interpreting these exceptions, and the Texas Supreme Court recently ruled that doctors do not need to wait for an imminent risk to the mother’s life before intervening. Yet, for many physicians, the guidance remains unclear, and hospitals frequently handle cases on an ad hoc basis, further complicating timely medical care.

Physicians say they face the risk of losing their medical licenses and potential life sentences if they misinterpret the law. As a result, some have chosen to delay or withhold treatment in cases where the legal implications are uncertain.

Impact on the Senate Race: Cruz and Allred’s Divergent Views

The deaths of Barnica and Crain have become a focal point in Texas’s U.S. Senate race between incumbent Republican Senator Ted Cruz and Democratic challenger Colin Allred. Allred, who has criticized Texas’s abortion laws as overly restrictive, specifically blamed Cruz for supporting policies that he believes endanger women’s lives.

“Texas doctors can’t do their jobs because of Ted Cruz’s cruel abortion ban,” Allred wrote on social media, sharing a link to the story about Crain.

Cruz, who sponsored a 20-week federal abortion ban in 2021 and has advocated for states’ rights to restrict Medicaid funding to abortion providers, has defended Texas’s laws. He called the deaths of Barnica and Crain “heartbreaking” but asserted that procedures necessary to save a mother’s life remain legal under current Texas law.

A Growing Outcry Among Texas Women

Since Texas’s abortion ban went into effect, numerous women have shared stories of being denied care for medically complex pregnancies. Although the state legislature recently passed a law allowing abortions in cases of ectopic pregnancies or when a patient’s water breaks before the fetus is viable, many physicians say these exceptions are insufficient. The cases of Barnica and Crain highlight the ongoing confusion and fear that the law instills in healthcare providers.

The letter from OB-GYNs reflects a sense of urgency among Texas’s medical community. “Texas needs a change,” the doctors wrote. “A change in laws. A change in how we legislate medical decisions that should be between a patient, their family, and their doctor.”

Calls for Legislative Reform

The OB-GYNs’ letter is the latest in a series of calls from healthcare professionals urging Texas lawmakers to reassess abortion restrictions. These doctors argue that their ability to make critical medical decisions is being hampered by laws that create confusion and fear in moments that demand clarity and prompt action.

For these doctors, Texas’s abortion restrictions represent an intrusion into the physician-patient relationship, with deadly consequences in cases like Barnica’s and Crain’s. They call for a shift in policy that allows medical professionals to prioritize patient care over legal fears, restoring their ability to act in the best interest of their patients without second-guessing their every move.

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