- Oct 17, 2011
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The first hospital diagnosed her with strep throat without investigating her sharp abdominal cramps. At the second, she screened positive for sepsis, a life-threatening and fast-moving reaction to an infection, medical records show. But doctors said her six-month fetus had a heartbeat and that Crain was fine to leave.
Now on Crain’s third hospital visit, an obstetrician insisted on two ultrasounds to “confirm fetal demise,” a nurse wrote, before moving her to intensive care.
By then, more than two hours after her arrival, Crain’s blood pressure had plummeted and a nurse had noted that her lips were “blue and dusky.” Her organs began failing.
Hours later, she was dead.
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There is a federal law to prevent emergency room doctors from withholding lifesaving care.
No state has done more to fight this interpretation than Texas, which has warned doctors that its abortion ban supersedes the administration’s guidance on federal law, and that they can face up to 99 years in prison for violating it.
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Currently, the courts have blocked the federal government from asserting federal law is supreme over state law.
Now on Crain’s third hospital visit, an obstetrician insisted on two ultrasounds to “confirm fetal demise,” a nurse wrote, before moving her to intensive care.
By then, more than two hours after her arrival, Crain’s blood pressure had plummeted and a nurse had noted that her lips were “blue and dusky.” Her organs began failing.
Hours later, she was dead.
--
There is a federal law to prevent emergency room doctors from withholding lifesaving care.
No state has done more to fight this interpretation than Texas, which has warned doctors that its abortion ban supersedes the administration’s guidance on federal law, and that they can face up to 99 years in prison for violating it.
--
Currently, the courts have blocked the federal government from asserting federal law is supreme over state law.
The Supreme Court on Monday left in place a court order blocking the Biden administration from enforcing in Texas its policy of requiring hospitals to provide emergency abortion care or risk losing federal funding.
The high court’s handling of both the Idaho and Texas cases leaves unanswered questions about whether, under a law known as the Emergency Medical Treatment and Labor Act, federally-funded hospitals must offer abortions to emergency patients with pregnancy complications putting their health at risk – even in states that ban the procedure.
Texas, joined by other plaintiffs, successfully sued to halt Biden administration guidance to hospitals asserting that EMTALA trumps state abortion bans.
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