By Darius Spearman (africanelements)
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Abortion bans are causing preventable deaths and serious health problems for pregnant people. This is especially true because of confusion around medical emergency exceptions. Recent reports show that these bans lead to deaths that could have been avoided (statecourtreport.org). The exceptions meant for serious health issues are often not enough. For example, Amber Thurman and Candi Miller in Georgia died because patients and doctors were confused about what medical care was legal under Georgia's six-week ban (statecourtreport.org). Similarly, Josseli Barnica and Nevaeh Crain in Texas also died after doctors delayed miscarriage care (statecourtreport.org).
Furthermore, the decision by the Trump administration to drop a Justice Department case against Idaho makes things worse. This allows Idaho to keep denying emergency abortion care (jacobin.com). This situation highlights the critical need for clear guidelines and protections for both patients and healthcare providers. The lack of clarity puts lives at risk and creates a climate of fear for medical professionals.
Statistical data shows a big increase in maternal and infant deaths in states with strict abortion bans. One study found that the number of women who died in Texas while pregnant, during labor, or soon after giving birth went up by almost 60 percent after the state’s strict abortion ban started (statecourtreport.org). Another study suggested infant deaths increased by 13 percent in Texas because of the ban (statecourtreport.org). After Texas banned abortion in 2021, the rate of sepsis for women hospitalized when they lost their pregnancies in the second trimester shot up more than 50 percent (jacobin.com). Infant mortality in Texas also jumped by almost 13 percent between 2021 and 2022 (jacobin.com).
Maternal mortality refers to the death of a woman during pregnancy or within 42 days after the pregnancy ends. This includes deaths from any cause related to or made worse by the pregnancy or its care (ncbi.nlm.nih.gov). The Roe v. Wade decision, which legalized abortion nationwide, reduced maternal mortality rates by 30–40% for people of color (ncbi.nlm.nih.gov). The United States is currently facing a maternal health crisis, with new data from the CDC confirming this (pmc.ncbi.nlm.nih.gov). Women living in rural areas, where many "maternity care deserts" exist, are about 60% more likely to die (pmc.ncbi.nlm.nih.gov).
Maternal Deaths Increase (after ban)
60%
Infant Deaths Increase (due to ban)
13%
Sepsis Rate Increase (for pregnancy loss)
50%
Data based on studies following Texas abortion ban. Source: statecourtreport.org, jacobin.com
Abortion bans and restrictions are causing dangerous delays in lifesaving care. They are also changing medical standards because doctors fear legal trouble (jacobin.com). Doctors are trying to protect themselves from losing their medical licenses and facing decades in prison. The "Standard of Fear" is a term that describes the widespread worry and uncertainty felt by healthcare providers because of strict abortion laws. This fear comes from the possibility of legal action or other professional problems for providing care that might be seen as breaking abortion bans, even when it is medically necessary. This environment can lead to doctors delaying or denying care, performing procedures that are not medically ideal (like C-sections instead of abortions), or leaving states with strict laws (thenation.com).
The "Standard of Fear" investigative series by the Dallas Morning News looked into how the Texas abortion ban affects things. It showed delayed care for women like Porsha Ngumezi and Brenda Yolani Arzu Ramirez (newsone.com). In one case, hospital officials reportedly refused to perform a D&C (dilation and curettage) for Porsha Ngumezi. She bled for 10 hours before her heart stopped after a miscarriage (newsone.com). A D&C is a surgical procedure where the cervix is opened, and tissue is removed from the uterus. It is medically necessary after a miscarriage to prevent infection and heavy bleeding (thenation.com). Sepsis, a life-threatening condition where the body's response to infection damages its own tissues, is a risk in pregnancy loss care if timely medical intervention is restricted (ncbi.nlm.nih.gov).
Sepsis: This is a severe, life-threatening condition that happens when your body's response to an infection harms its own tissues and organs. In cases of pregnancy loss, if medical care is delayed or not enough, incomplete miscarriages or tissue left behind can lead to serious infections, which can then turn into sepsis. This is why timely and proper medical care is so important.
Source: ncbi.nlm.nih.gov, clinicaladvisor.com
The effects of abortion bans go beyond direct medical care. They deeply affect families and lead to calls for reproductive rights. Families of victims, like Amber Thurman's mother Shanette Williams and Candi Miller's sister Turiya Tomlin-Randall, are speaking out for change. They are showing the terrible personal cost of these laws (newsone.com). Tomlin-Randall said that her sister's children will never see their mother again because Georgia law made her too afraid to go to the hospital (newsone.com).
The confusion around "medical emergency exceptions" in abortion bans comes from vague legal language. This means there is no clear definition for healthcare providers about what counts as a true emergency. This lack of clarity can cause care to be delayed or denied, even in situations where a life is at risk. Doctors fear legal consequences (aamc.org). Some doctors are unwilling to work in states that ban abortion, which reduces access to basic care in areas already short on doctors (aamc.org). Often, these are areas where prosecutors are eager to pursue abortion-related cases (aamc.org).
There are ongoing legal and policy challenges related to abortion access. This includes cases where people try to cause abortions outside of medical settings. For example, a North Texas man was charged with murder for allegedly secretly giving his pregnant girlfriend an abortion-inducing drug (wfaa.com). The man admitted to pressuring the woman to get an abortion and ordering "Plan C pills," though he claimed to have thrown them away (wfaa.com).
Self-managed abortion means an abortion that happens outside of a clinic, usually using medication gotten without a prescription or from online sources. Telehealth care for abortion uses technology to provide abortion services remotely, like virtual appointments or prescribing abortion medication (clinicaladvisor.com). Both of these methods have become more common because of strict abortion laws. This affects access and potentially maternal mortality. The farther along a pregnancy is, the less effective medical abortion becomes and the more dangerous it is (clinicaladvisor.com).
Dilation and Curettage (D&C): This is a surgical procedure that involves gently opening the cervix (the entrance to the uterus) and then using a special instrument or suction to remove tissue from the lining of the uterus. It is often medically necessary after a miscarriage to remove any remaining tissue, which helps prevent infection, heavy bleeding, and other serious complications. This procedure is crucial for a woman's health and recovery after pregnancy loss.
Source: thenation.com
The larger maternal health crisis in the United States is made worse by things like "maternity care deserts." This highlights the need for better healthcare access. A recent report by the March of Dimes points to the crisis in maternal health care, including the problem of "maternity care deserts" (pubmed.ncbi.nlm.nih.gov). Maternity care deserts are counties that do not have hospitals offering obstetric care, freestanding birth centers, or any individual obstetric providers, such as obstetricians or licensed midwives (pmc.ncbi.nlm.nih.gov). These areas often lack full maternal health services, leading to worse health outcomes for mothers, especially in rural and underserved communities (pmc.ncbi.nlm.nih.gov).
Family doctors can play a role in making this situation better. They have the widest reach of all maternity care providers (pubmed.ncbi.nlm.nih.gov). Higher maternal mortality rates among Black and Latina women are due to systemic factors. These include historical and ongoing racial discrimination in healthcare, economic differences, limited access to good healthcare, and unconscious bias from healthcare providers (ncbi.nlm.nih.gov). These factors lead to delayed or inadequate care, more exposure to harmful environments, and constant stress. All of these contribute to worse health outcomes. The White House Blueprint for Addressing the Maternal Health Crisis aims to address the national maternal health crisis, as well as the racial, ethnic, and rural challenges within it (pmc.ncbi.nlm.nih.gov).
Roe v. Wade was a very important Supreme Court decision in 1973. It said that a woman had a constitutional right to an abortion, based on the right to privacy. This decision made abortion legal across the country. However, on June 24, 2022, the Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization decision. This removed the constitutional right to abortion and gave states the power to control or ban abortion (ncbi.nlm.nih.gov). This overturn immediately led to many abortion bans and restrictions in many U.S. states, greatly changing reproductive healthcare.
In 2021, more than 90 restrictive abortion policies were put into place in the United States. This was more than any other year since the Roe v. Wade ruling in 1973 (ncbi.nlm.nih.gov). The overturning of Roe v. Wade has also had a big impact on medical education about abortion procedures. Many medical students are now finding it hard to get proper training (clinicaladvisor.com). This lack of training can further worsen the maternal health crisis by reducing the number of healthcare providers skilled in comprehensive reproductive care.
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.