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US: Gynecologists face legal uncertainty after abortion ban

The US Supreme Court has destroyed the right to abortion, which was guaranteed for almost half a century | Font: AFP or licensors | Photographer: JOSEPH PREZIOSO

Days after the U.S. state of Ohio banned abortion, Dr. May Winchester admitted a patient who needed to have her pregnancy terminated to save her life. “I knew what I had to do from a medical point of view. But legally…”

June 24 Supreme Court USA blew up the right to abortion, which had been guaranteed for almost half a century.

This has led a dozen conservative states to ban or severely restrict abortion in their territories.

After this historic turn, the legal landscape has changed, leaving many gray areas, creating a “significant level of stress” in the profession, says medical doctor Harry Nelson.

In Ohio where she works Dr. Winchesterabortions are still possible, but only up to six weeks pregnancy and the wording “medical emergency” is ambiguous.

Her patient had expired, so the doctor had to contact the hospital’s legal department.

“I know what I have to do medically. But legally speaking, how can I protect her? How can I protect myself? How can I protect our institution? Our nurses and anesthesiologists who will be involved in this case?” he asked.

“This applies to everyone,” the obstetrician told AFP.

“Confusion”

Laws banning the practice of abortion are accompanied by substantial penalties for medical workers. They range from large fines to sentences of up to 10 years in prison.

The threat of lawsuits and the resulting legal costs create “a strange situation where doctors are nervous, even when they provide legal care for life-threatening conditions,” Nelson said.

Government President Joe Biden tried to provide them with some security by ensuring that federal law “takes precedence” over state law in matters of emergency medical care.

If the doctor thinks abortion To “stabilize” an emergency, you have to practice it,” Health Minister Xavier Becerra wrote to the country’s emergency medical staff.

However, the state of Texas went to court, accusing the Democratic Party administration of wanting to “turn every emergency room in the country into an abortion clinic.”

Alexis McGill Johnson, president of influential family planning organization Planned Parenthood, said the complaint adds “to the confusion and danger of death in the event of an ectopic pregnancy, sepsis, or other life-threatening problem.”

“Fear”

More than 90 local prosecutors have said they will not pursue these cases in their jurisdiction, but others are determined to do so.

Attorney General Mr. Indianaultra-conservative, threatened to sue gynecologist who helped a 10-year-old girl get an abortion after being raped.

The girl was forced to leave her state Ohio because he exceeded six weeks pregnancy. Voluntary termination pregnancy legal in Indiana, but the attorney general Todd Rokita accused the gynecologist of failing to fulfill their obligation to report the case.

In the end, the doctor’s lawyers showed that it was.

Nelson believes the case shows how some prosecutors, elected officials, can use “scare tactics” to discourage doctors.

“Between the hammer and the anvil”

Doctors are not the only ones at risk.

AT TexasIdaho or Oklahoma laws allow civil lawsuits against anyone who helps women interruptwhich could affect both the taxi driver and the association that funds the intervention.

Legal Uncertainty Is Dangerous for Others, Too diseasesuch as cancer treatment, which may threaten pregnancy.

“Because each situation is so different, it is very difficult for us to draft guidelinesand everyone is asking for guidance,” explains Christine Lierly of the American College of Gynecologists, who joins 75 organizations in denouncing legal interference with physicians.

“Managing pregnancy is difficult, but doctors should do it, not politicians,” she told reporters. AFP.

According to him, after the decision of the Supreme Court, gynecologists feel “between a rock and a hard place.” “What should you do: commit a malpractice or go to jail as an abortion felon?”

AFP


Source: RPP

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