So, if an OB/GYN's Texan patient miscarries, do they automatically get sued?

[Girard442]

[CaliforniaPeggy]

1. A miscarriage is not a man-made abortion. It's Mother Nature's way of cleaning house. n/t

[hunter]

5. The overwhelming number of abortions are, in the language of the anti-abortionists, "Acts of God."

You'd think an omnipotent god would want to avoid that.

"Do as I say, not as I do," is not a good look.

My personal theology doesn't look anything like that.

They gods of hypocrites are small.

[hlthe2b]

7. Peggy, this has come up before in other proposed (and I believe passed state laws)

Women are at risk of these vigilantes accusing them of an abortion from spontaneous miscarriage. The oneness is on them (and those who assist them, including potentially the doctor) to answer to a suit brought against them accusing them of having aborted. This is going to be a big damned deal that AMA needs to be jumping on NOW. This is something that has been in effect in Latin American countries--where they criminalize women seeking or receiving an abortion leading to some young women being imprisoned following a spontaneous miscarriage or even stillbirths.

While an Ob/GYN and hospital/clinic records can defend against such accusations, it still requires a costly legal response and this law does NOT allow either the physician, hospital, or patient to sue for harm from frivolous lawsuits nor to even recoup their legal fees.

And Gawd help the woman who miscarries at home. She is going to potentially face any manner of hell trying to defend herself.

[Tree Lady]

2. I can see nothing but major problems

With this new law. The way I read it if they accuse you and you lose you pay out $10,000 plus attorney fees. If you win you still pay your own attorney fees!

So my thought is only thing we can do to get them to change it is accuse republicans left and right and they will have to pay attorney fees even if they win. Do this enough times they will challenge the law and see how insane it is.

[TreasonousBastard]

3. Dunno for sure, but I remember seeing cases where the...

burden of proof was on the woman to prove it was a miscarriage. I have no idea how that worked out in appeals, but probably a rabid prosecutor involved.

[Boomerproud]

4. Shh... don't give them any ideas.

[Diamond_Dog]

6. So ...

Law stands even if mother’s health is at risk carrying a pregnancy to term?

How can they do this ???

[Straw Man]

8. If so ...

Law stands even if mother’s health is at risk carrying a pregnancy to term?

... I predict a lot of wrongful-death lawsuits by surviving spouses and family.

[hlthe2b]

9. NO. But exceptions for imminent health risks to the mother are very narrowly drawn.

Does the law make exceptions for pregnancies resulting from rape or incest, or to protect the life of the mother?

The law does not make exceptions for rape or incest. It does permit abortions for health reasons, but the exceptions are narrowly drawn, allowing a termination only if the pregnancy could endanger the mother’s life or lead to “substantial and irreversible impairment of a major bodily function,” Ms. Nash noted.

“These are very narrow exceptions,” she said, and the language does not cover every instance in which a woman’s health might be at risk. Nonetheless, she added, “Health providers will be very conservative about interpreting the law, because they don’t want to cross a line.”

https://www.nytimes.com/2021/09/01/health/texas-abortion-law-facts.html

[roamer65]

10. Of course they are going to sue over a natural miscarriage.

They are scumbag, fake Christian Talibanists.

They have no morals or ethics.