Defining "life-threatening" can be tricky in abortion law exceptions

2022-07-01 21:00:08 By : Ms. Jocelyn Zhang

While most state abortion bans include some sort of exception when the life of the mother is at risk, it will fall to doctors to prove whether a patient qualifies in an emergency, or possibly face charges.

Why it matters: Every case is unique — and the murky wording of some of the laws could create confusion and put pregnant women's lives at risk, experts say.

What they're saying: "What these laws do is they place physicians in an untenable position not knowing that if they serve the medical interests of their patients, whether they'll be subject to criminal liability," Lawrence Gostin, a law professor at Georgetown University, told Axios.

State of play: The language of abortion bans and their exceptions varies from state to state, with some laws dating to the 1800s while more recent ones use benchmarks such as "detectable cardiac activity."

Between the lines: There are some clear-cut cases where a woman is acutely hemorrhaging or involved in a trauma situation where continuing the pregnancy puts a woman's life at risk.

The other side: Anti-abortion advocates say the exceptions offer adequate protection for medical emergencies.

The consequences of violating a ban could be severe, ranging from the possibility of life in prison in Alabama to misdemeanor charges or the loss of a license in other conservative states.

What to watch: Medical societies in some areas have begun trying to reach a consensus around what scenarios are appropriate to terminate a pregnancy to protect the life of a mother in anticipation of legal challenges.