During the New Year holidays, my husband and I got the surprise of our lives: a positive pregnancy test. The pregnancy was unplanned but very welcome. Getting pregnant with our first two kids was quite a monumental undertaking, so the idea that I could just do it become pregnant was new to us. Two positive blood tests at my gynecologist confirmed that the pregnancy was progressing as expected. Throughout the month of January, my husband and I smiled more than ever as we marveled at our surprise baby miracle.
But a few weeks later, the first ultrasound erased that smile. The baby measured behind and had no heartbeat. Our miracle baby passed away.
Along with the miscarriage diagnosis came a new health condition for me: recurrent miscarriages. This baby marked my third miscarriage and my doctor in Tennessee was concerned that I would never have another successful pregnancy without further investigation into what had gone wrong in the womb. So my doctor recommended a procedure called dilation and curettage (D&C) to remove the pregnancy tissue. She will send it to the pathology for further examination so that she can better understand how I can get pregnant and stay pregnant in the future.
But running a D&C was easier said than done. My doctor had thousands of hours of training in the procedure and she could have done it in the office the same day. But the healthcare system she now worked for banned it without excessive documentation. Before she could even schedule the D&C, I would need three scans over the next two weeks to prove my baby was still dead.
Eight months earlier, the U.S. Supreme Court overturned Roe v. Wade in the Dobbs vs. Jackson Women’s Health Organization Decision. Despite the fact that both Roe and Dobbs covered the premature termination of viable pregnancies, the decision soon had implications for non-viable pregnancies like mine. Thirteen states, including mine, had activation laws that took effect when the court overruled Roe. Because a D&C could be used to terminate a viable pregnancy, the procedure was effectively banned. In some states, doctors who violate the new laws could be convicted of a felony.
Post-Dobbs anti-abortion laws went far beyond mothers choosing to terminate their pregnancies voluntarily. They also prevent access to health care for women like me who want a viable pregnancy. The political advocates responsible for the new laws say they protect human life, but their laws may do the opposite.
These prohibitions were hastily enforced and the end result is poorly worded laws that are difficult for lawyers and courts to interpret. Because the consequences of violating it are so draconian, many health care systems and physicians understandably avoid all procedures and medications associated with voluntary abortion, even if they are used for a different purpose.
As a result, the new laws that effectively prohibit certain drugs and procedures have already created inaccuracies and uncertainties. Such a ban is never the right approach in health regulations. Procedures and drugs can serve very different – ​​and even opposing – purposes. Ozempic was developed as a type 2 diabetes drug but has gained popularity as a weight loss aid. Misoprostol, one of the drugs commonly used for voluntary termination of pregnancy, also treats stomach ulcers.
The D&C process of voluntarily terminating a pregnancy can also be used to help women like me – women who want a viable pregnancy but can’t go through with it. D&Cs can help women who are experiencing an incomplete miscarriage or unexplained pregnancy loss. Delaying removal of pregnancy tissue can lead to health complications such as infection, and some women may not have a successful future pregnancy without prior D&C.
I was never able to get a D&C. On the morning of my last ultrasound — after almost two weeks of waiting — I miscarried myself. My doctor immediately prescribed hormones to slow the progression of the miscarriage, but it wasn’t enough. When I got to the procedure the next day, I didn’t have enough pregnancy tissue left to harvest it. After an excruciating wait, my husband and I had no answers as to what went wrong with this pregnancy.
As my story shows, the impact of these new laws goes beyond banning abortion. The restrictions took up precious time in my doctor’s schedule when she could have been caring for other patients. They forced me to undergo unnecessary, expensive ultrasounds that took a heavy emotional toll. Now I am hesitant to get pregnant again as history will probably repeat itself under the current legal system and give me the same traumatic experience.
In healthcare, drugs and procedures are almost never consistently good or bad, and each patient’s situation is unique. Until state lawmakers take these basic facts into account, the new anti-abortion laws will continue to encourage human suffering.
Jennifer Shinall is a professor of law at Vanderbilt University Law School and a faculty member of the Vanderbilt University Law and Economics Program.
Source: LA Times
Roger Stone is an author and opinion journalist who writes for 24 News Globe. He is known for his controversial and thought-provoking views on a variety of topics, and has a talent for engaging readers with his writing.
