By Daily Mail (U.S.) | Created at 2024-10-31 12:39:31 | Updated at 2024-10-31 15:29:48
2 hours ago
A Texas mom who was suffering a miscarriage died after waiting 40 hours to receive care because hospital staff feared being charged with a crime.
Josseli Barnica, 28, was pregnant with her second child when she developed complications at 17 weeks.
The fetus was on its way out and her cervix was dilated, with doctors noting the Houston mom's miscarriage was 'in process', a ProPublica report found.
However, she and her husband were told by doctors that under Texas law, they would have to wait until there was no fetal heartbeat before they could intervene.
The state's first abortion law, the six week ban, had come into effect on September 1, 2021 just days before.
Houston mom Josseli Barnica, 28, died after waiting an agonizing 40 hours to receive care for her miscarriage
Barnica was left untreated for almost two days, which led to her developing a fatal infection.
She died just three days after delivering on September 8, from 'acute bacterial endometritis and cervicitis following spontaneous abortion', according to her medical notes.
'I fully expected her to come home,' Barnica's husband said.
'Josseli Barnica should be alive today, but because of Texas’ cruel abortion ban she could not get the care she needed,' Texas rep Colin Allred said. '
'We must ensure every Texas woman can access the life-saving care she needs.'
Roe v Wade was yet to be overturned at the time of Barnica's death, however Texas had enacted strict civil penalties for doctors performing abortions after six weeks by allowing the public to sue them for $10,000 judgements.
Current Texas abortion laws prohibit the procedure from when a fetal heartbeat is detected, except in circumstances where the mother's life is in danger.
She was pregnant with her second child when she developed complications at 17 weeks and went on to die from a bacterial infection after doctors waited almost two days to treat her
However, critics say ambiguity within the legislation has left medics feeling hamstrung.
ACLU of Texas Senior Staff Attorney David Donatti told KVUE abortion laws are unclear and the confusion is proving to be lethal.
'Doctors feel like they are torn between either civil liability lawsuits by private bounty hunters, 99 years in prison or committing medical malpractice at the cost of people's health and livelihood,' Donatti told KVUE.
But Texas Alliance For Life communications director Amy O'Donnell and blamed Barnica's death on her medics rather than the law.
'They want to place blame where blame does not fall,' said O'Donnell.
'Physicians have to provide the standard of care exercising their reasonable medical judgment to perform life-saving abortions before the threat to a mother's life is imminent, and Texas law allows that.
'Deaths are tragic and preventable deaths even more so.'
The medics responsible for her care cited Texas abortion laws which prevented them from acting until the fetal heartbeat was no longer detected for failing to act sooner
Reports about Barnica's death came after stories emerged about the deaths of Georgia woman Amber Thurman and Candi Miller after they were unable to receive timely medical care.
The deaths were deemed 'preventable' by the states maternal mortality review committee. Abortion is banned in Georgia after six weeks with some exceptions.
