On the morning of October 29, 2023, Candace Fails desperately pleaded for assistance at a Texas hospital for her pregnant daughter, Nevaeh Crain. “Do something,” she cried out as her daughter endured severe pain, unable to walk and blood-stained from the ongoing distress.
A Series of Misdiagnoses and Hospital Visits
Nevaeh Crain, an 18-year-old, faced immense suffering during what should have been a joyful time at her baby shower. On the day of the event, she was feverish and vomiting, prompting visits to two different emergency rooms within twelve hours. Each visit left her condition worse than before. Initially diagnosed with strep throat at the first hospital, her sharp abdominal cramps were overlooked. The second hospital identified signs of sepsis, a life-threatening response to infection, yet deemed her and her six-month-old fetus stable enough to leave.
A Critical Third Visit and Sudden Decline
During her third hospital visit, an obstetrician ordered two ultrasounds to confirm fetal demise, leading to her transfer to intensive care. Within hours, Nevaeh’s blood pressure plummeted, her lips turned blue, and her organs began to fail. Tragically, she passed away shortly after she arrived at the hospital.
The Role of Texas Abortion Laws in Medical Care
Candace Fails, who was set to see her daughter turn 20, remains baffled by the inadequate emergency response her daughter received. This case highlights a growing issue in states with strict abortion bans, where fear of legal repercussions leads to hesitation and delays in treating pregnant women with severe complications.
Sara Rosenbaum, a health law and policy professor emerita at George Washington University, stated, “Pregnant women have become essentially untouchables.” Texas’s abortion laws impose severe penalties on medical interventions that could end a fetal heartbeat, even in life-threatening situations. Although exceptions exist for emergencies, confusion and fear among healthcare providers often result in inadequate care.
Hospitals Shuffling Pregnant Patients Amid Legal Fears
In states enforcing abortion bans, hospitals frequently pass pregnant patients between facilities to avoid potential prosecution. This “hot potato” approach wastes crucial time as medical teams debate legalities and prepare for possible legal scrutiny. Dr. Jodi Abbott, an obstetrician at Boston University, highlighted the uncertainty faced by patients: “Am I being sent home because I’m truly okay, or because they’re afraid that treating me would involve ending the pregnancy?”
Federal Guidelines vs. State Laws: A Legal Battle
Despite federal laws like the Emergency Medical Treatment and Labor Act (EMTALA) requiring emergency stabilization, Texas Attorney General Ken Paxton has asserted that state laws override federal guidelines. Paxton argues that complying with federal mandates would force hospitals to perform abortions, labeling it a criminal act. This stance has led to significant delays in emergency care, as seen in Nevaeh Crain’s case.
Medical Experts Condemn the Handling of Crain’s Care
ProPublica reviewed over 800 pages of Crain’s medical records with expert consultations. The consensus among medical professionals was that Crain should have been admitted for closer monitoring and treatment. The initial misdiagnosis and subsequent discharge, despite clear signs of sepsis, were deemed negligent. Dr. Dara Kass, an emergency physician, emphasized, “This is how these restrictions kill women. It’s never just one decision, one doctor, or one nurse.”
Personal Tragedy and the Struggle for Justice
Candace Fails and her family believed abortion was morally wrong and hoped for the best medical care for Nevaeh. However, the delays and inadequate treatment led to Nevaeh’s untimely death. Fails sought legal counsel to hold the hospitals accountable, but Texas law requires proving “willful and wanton negligence” for cases occurring in emergency rooms, creating a significant barrier to justice.
The Human Cost of Restrictive Abortion Laws
Nevaeh Crain is one of at least two pregnant women in Texas who have died after delayed treatment due to restrictive abortion laws. The ongoing legal battles, led by Paxton, have intensified fears among healthcare providers, resulting in a reluctance to treat pregnant patients effectively. This has led to an increase in severe complications among pregnant women, who are often sent to well-resourced hospitals, reluctant to face legal consequences.
The Call for Change and Humanitarian Concerns
As emergency rooms struggle under the weight of conflicting laws, the humanitarian crisis in Texas worsens. The U.N. World Food Programme has warned of impending famine in Gaza, and similar concerns echo in Texas, where lives are lost due to legal restrictions on medical care. U.S. Ambassador to the U.N., Linda Thomas-Greenfield, urged immediate action, stating, “Israel’s words must be matched by action on the ground. This must change—immediately.”
A Need for Urgent Reform
Nevaeh Crain’s tragic death underscores the deadly consequences of restrictive abortion laws. As healthcare providers navigate the legal landscape, the lives of vulnerable women hang in the balance. Urgent reforms are needed to ensure that emergency medical care is not compromised by fear of legal repercussions, preventing further loss of life and providing compassionate, timely treatment to those in need.
