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Yo_Mama_Been_Loggin

(107,741 posts)
Fri Sep 3, 2021, 07:53 PM Sep 2021

I'm an Ob-Gyn, and Texas' Anti-Abortion Law Makes Even Less Sense Than You Think

Dr. Jennifer Conti

On Wednesday evening, the Supreme Court declined to hear a case to block an illegal abortion ban from taking immediate effect in Texas. But their actions did a lot more than effectively ban abortion — they created an entirely new way of even thinking about abortion.

Anyone needing, providing, or even talking to someone about abortion in Texas is at risk of absolute financial and mental health ruin — and people are terrified. How do I know this? Because the handful of doctors providing that care in Texas and the army of activists who fought this ban nationwide are my close friends.

As an ob-gyn specialist in family planning, I hear the closed door conversations from these people, and it's terrifying. On the surface, this seems like just another of the hundreds of illegal and medically unfounded bans that anti-choice legislators have incessantly pushed over the last decade. Upon closer look, however, this law is unbelievable.

In addition to banning abortion after six weeks of pregnancy (before many people even realize they are pregnant), the Texas law encourages anyone — including anti-abortion activists — to enforce the state's ban by suing abortion providers and anyone who helps a person obtain an abortion. In other words, it actively enlists bounty hunters.

https://www.msn.com/en-us/lifestyle/lifestyle-buzz/im-an-ob-gyn-and-texas-anti-abortion-law-makes-even-less-sense-than-you-think/ar-AAO4HA2

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I'm an Ob-Gyn, and Texas' Anti-Abortion Law Makes Even Less Sense Than You Think (Original Post) Yo_Mama_Been_Loggin Sep 2021 OP
How could I sue someone else for getting an abortion? This makes NO SENSE!!!! Maraya1969 Sep 2021 #1
HIPAA covers the clinic only, and your records can be subpoenaed Arresting Sep 2021 #3
I am old enough to have very clear memories of what it was like PoindexterOglethorpe Sep 2021 #2
Like this? MiniMe Sep 2021 #4
Sort of. PoindexterOglethorpe Sep 2021 #5
The back alley abortionists MiniMe Sep 2021 #7
A horrifying story that galvanized activists: Gerry Santoro. Do not open picture if emmaverybo Sep 2021 #6
So people can accuse a woman or others of seeking/having an abortion? SharonAnn Sep 2021 #8

Maraya1969

(22,462 posts)
1. How could I sue someone else for getting an abortion? This makes NO SENSE!!!!
Fri Sep 3, 2021, 08:26 PM
Sep 2021

Uniquely ironic here is the fact that in all aspects of healthcare, there exists a privacy standard called HIPAA (the Health Insurance Portability and Accountability Act of 1996) which prevents anyone involved in your medical care from discussing identifying information with anyone outside of your medical care. When Joe-Anti-Abortion-Extremist and his posse of HIPAA-violating trolls decide to report you for seeking medical care, are they not breaking the law themselves? How on earth would complete strangers be privy to any of the personal medical information required (patient's name, date of medical service, medical services received) to file these reports?




Uniquely ironic here is the fact that in all aspects of healthcare, there exists a privacy standard called HIPAA (the Health Insurance Portability and Accountability Act of 1996) which prevents anyone involved in your medical care from discussing identifying information with anyone outside of your medical care. When Joe-Anti-Abortion-Extremist and his posse of HIPAA-violating trolls decide to report you for seeking medical care, are they not breaking the law themselves? How on earth would complete strangers be privy to any of the personal medical information required (patient's name, date of medical service, medical services received) to file these reports?

a woman sitting at a table using a laptop computer: We can’t discuss a patients’ care with their loved ones, but now complete strangers are supposed to get involved?


In just the day following this ruling, websites (which I will not link to here) have popped up around social media with fill-in forms asking for any and every suspected act of abortion assistance. If, for example, someone suspects you of driving your friend to the clinic to get an abortion, they can turn you into authorities. They can then sue you for up to $10,000, plus the cost of legal fees (obtaining and hiring a lawyer to defend your case and represent you in court). If you ignore the suit, the case is automatically awarded to the person who filed the claim and you must pay them $10,000 plus the cost of their legal fees.

Arresting

(30 posts)
3. HIPAA covers the clinic only, and your records can be subpoenaed
Fri Sep 3, 2021, 09:07 PM
Sep 2021

If you tell me you have had an abortion or an appendectomy, I am a private citizen and not a health care worker, and I can tell anyone else I want.

If I see you enter an abortion clinic, I saw you on the street, that is public property, of course I can tell that to anyone I want.

As I understand it, HIPAA does nothing to keep private citizens not involved in your health care from telling someone's health status to another person or entity once it becomes known to them. It only controls the data as it is handled by various health care providers.

And once someone sues, all your health records can be made available to the plaintiff.

I don't see how HIPAA helps anyone here. But I am not a lawyer, but someone who has worked in health IT.

PoindexterOglethorpe

(25,816 posts)
2. I am old enough to have very clear memories of what it was like
Fri Sep 3, 2021, 08:31 PM
Sep 2021

prior to Roe v. Wade. We are going to return to those days, at least in Texas, very quickly.

Women who are pregnant and don't want to be can get very desperate and will do almost everything, no matter how dangerous, to stop the pregnancy. Those who had the financial resources could go to a state or country where it was legal. Or they'd try to self-abort or have what was called a "back alley abortion." Often with dire outcomes.

How long will it be, if this ruling lasts, before the daughter of some prominent Republican (who claims to be pro-life) is dead or maimed from such a thing?

PoindexterOglethorpe

(25,816 posts)
5. Sort of.
Fri Sep 3, 2021, 10:29 PM
Sep 2021

It wasn't just coat hangers. It was various things to ingest or do that might end a pregnancy.

It wasn't cute or funny. It was deadly serious. Deadly, as in women often died. A significant number who survived would never be able to bear children in the future.

Most of the stories have been lost, unfortunately.

I also recall reading by 1980 or so that most young doctors had never dealt with the aftermath of illegal abortions.

Oh, and I have no idea to what extent this is still true, but I recall reading some time back that something like 75% of Brazil's obstetric hospital beds held women who had had illegal abortions.

MiniMe

(21,709 posts)
7. The back alley abortionists
Sat Sep 4, 2021, 01:43 PM
Sep 2021

I remember reading all sorts of stories where young women went into some shady apartment and usually non-doctors performed "surgery" on women.
The women ended up sterile a lot of times. That was back in the 60's and early 70's. And probably earlier than the 60's, but that is as far back as my memory goes.

SharonAnn

(13,771 posts)
8. So people can accuse a woman or others of seeking/having an abortion?
Sun Sep 5, 2021, 01:07 PM
Sep 2021

Even if all they want is some kind of revenge on that person? So the accused person has to hire a lawyer, etc?

Revenge against someone you want to “get even with”.

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