Post-Roe health provider survey finds abortion bans create bad outcomes and distress

Care Post Roe director at the University of California San Francisco says medical students are now learning how to deal with distress around abortion bans as part of their training

By: - September 10, 2024 4:25 am

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In the two years since the U.S. Supreme Court started allowing states 鈥 what has become聽鈥 to ban all or most abortions, doctors continue to report that these laws have detrimentally changed their jobs and the quality of care they can provide pregnant patients.

A research team led by Dr. Daniel Grossman at the University of California San Francisco has been studying the impacts on medical care of the Dobbs v. Jackson Women鈥檚 Health Organization decision that overturned the federal right to abortion under Roe v. Wade. On Monday they released their聽. Having grown from 50 to 86 submissions since the聽聽were released in May 2023, the survey details medical situations gone wrong because of legal concerns over a state鈥檚 abortion ban.

When Grossman 鈥 a clinical and public health researcher who specializes in abortion and contraception 鈥斅犅爈ast year about the early findings, he emphasized the patient fear palpable in the narratives of their doctors. They told stories about women traveling outside their ban states just to check if they could be pregnant, or during a medical emergency. But as more submissions continue to flow in, Grossman recently said he鈥檚 struck by the distress coming from the medical community.

鈥淥ne thing that was notable in some of these more recent submissions,鈥 Grossman told States Newsroom, 鈥渋s how moral distress is being incorporated into medical education, like medical students and residents are essentially now learning about the moral distress as part of their medical education, as they鈥檙e learning about the care that they can鈥檛 provide.鈥

The Care Post Roe study details 86 submissions received between September 2022 and August 2024 from health professionals recounting cases involving patients from 19 states that, during the study鈥檚 time frame, fully or partly banned abortion. Participants described cases that 鈥渄eviated from the usual standard鈥 of care because of a state abortion ban, some that resulted in preventable complications like severe infections or the placenta growing too deep into the patient鈥檚 uterine wall. The participants were directed not to give details that could identify themselves or their patients.

Grossman said the study was designed this way to protect the identity of health providers and patients, many of whom currently fear prosecution for their medical decisions. Researchers also conducted optional in-depth interviews with more than 30 of the participants, but those findings were not included in Monday鈥檚 report.

The majority of submissions so far have come from Texas, Grossman said, the largest of the states and where abortion has been illegal the longest. According to the study, the narratives represent a range of different ages, income levels and racial and ethnic backgrounds, though a high proportion are Black and Latinx. Submissions were also reviewed by two physicians and were rejected if they did not contain information about a specific case or did not relate to a change in care since the Dobbs ruling.

Grossman said the study is limited in size and scope and doesn鈥檛 say how common these medical situations are or how they will trend over time. But he said the stories are consistent with ongoing news reports and聽聽wherein doctors and patients describe denying and聽聽because of abortion bans. He said the study, which includes excerpts from health providers鈥 narratives, serves as a qualitative representation of the types of medical emergencies that doctors all over the country have been reporting.

The submissions were organized into several categories, including:

Second-trimester obstetric complications

The most common type of reported scenario involving second-trimester complications is the preterm prelabor rupture of membranes (PPROM). A doctor described treating a patient who had ruptured membranes at 16-18 weeks鈥 gestation but instead of being offered an abortion procedure or an induction termination, she had been sent home, where she had developed a severe infection.

鈥淚 meet her 2 days later in the ICU. She was admitted from the ER with severe sepsis鈥nd bacteremia. Her fetus delivers; she is able to hold [the fetus]. We try every medical protocol we can find to help her placenta deliver; none are successful,鈥 the physician writes. 鈥淭he anesthesiologist cries on the phone when discussing the case with me 鈥 if the patient needs to be intubated, no one thinks she will make it out of the OR. I do a D&C.鈥

Ectopic pregnancies

Ectopic pregnancies occur when a fertilized egg implants outside the uterus. They are medical emergencies, but study participants reported cases of ectopic pregnancy requiring extra steps, such as consulting multiple physicians, as well as patients delaying care because they were too scared to be seen in their home states where abortion is banned.

鈥淚f [the patient] had seen [a] provider in [her home state] when bleeding started,鈥 one doctor wrote, 鈥渟he would have had the ectopic diagnosed about 6 weeks earlier, potentially eligible for [methotrexate] and therefore potentially avoided surgery, and even if [she] needed surgery [it] would have been at home with her family and support. Instead [she] had to鈥 recover alone in a hotel room in a random state she had never been to before.鈥

Underlying medical conditions聽

Some physicians described cases where patients had underlying medical conditions that complicated their pregnancies. In some cases, patients were delayed or denied treatment, worsening their conditions.

鈥淪he was mid-second trimester [16-18 weeks] when she presented. She has [more than 5] children at home and had severe postpartum cardiomyopathy when she gave birth a year

ago, which has persisted,鈥 a doctor wrote. 鈥淭he risk of her dying from childbirth would have been extremely high 鈥 but she was unable to find anyone in her state willing to do the procedure.鈥

Miscarriage

Respondents also reported challenges with miscarriage management in states with abortion bans.

鈥淭he pharmacy refused to fill the medication until they had confirmation of its use but was unable to list what that confirmation needed to include,鈥 one clinician wrote. 鈥淭he back and forth delayed the care and ultimately the client could no longer face attempting to pick up the medication and decided to utilize expectant management [i.e. waiting for the tissue to pass naturally] due to the trauma of being refused her prescribed treatment.鈥

Fetal anomalies

Several submitted narratives involved patients whose pregnancies were complicated by fetal anomalies, many of which were described as being incompatible with neonatal life, though termination was not possible in their state.

鈥淒ue to the anencephaly, as soon as the umbilical cord was cut, the pink skin of the baby

rapidly progressed to navy, only for the baby to be completely dark navy by the time they were

wrapped in a blanket and handed to the mom,鈥 a medical studentphysician wrote. 鈥淭he patient was letting out a loud scream throughout the labor due to the sheer pain of giving birth, but the scream and wailing she let out once she saw the baby was soul-crushing.鈥

Denied other types of medical care聽

One of the more shocking examples for Grossman involved a patient with a postpartum hemorrhage who needed a common procedure known as dilation and curettage, or D&C, which is used for abortions, miscarriages and sometimes to empty the uterus after the baby has been born. But according to the narrative submitted, a patient had been told by the labor and delivery staff that 鈥淒&Cs were now illegal for any reason.鈥

In another case, an abortion ban allegedly led to the cancellation of a patient鈥檚 liver transplant.

鈥淧atient with鈥 [an intrauterine device (IUD)] in place came in for liver transplant after there

was a donor match found,鈥 the physician wrote. 鈥淥n routine pre-surgical testing she had a positive urine pregnancy test, and her bHCG quant was in the 1000s. Her transplant was cancelled because of her positive pregnancy test despite it being an undesired, very early pregnancy.鈥

Carceral system

Three submissions highlighted how patients in detention, awaiting trial, or on parole faced additional obstacles obtaining an abortion in states with bans.

鈥淎sked for permission to leave her county (and state) to receive abortion care and was told NO,鈥 a physician wrote. 鈥淧atient left the state for abortion care anyway. Given 24-hour waiting period in [state with legal abortion] and need for a 2-day procedure, was away for 3 days (2 separate trips). She also refused any sedation because she needed to be drug tested and couldn鈥檛 admit to leaving the state for a procedure.鈥

Researchers predict more poor-quality care if EMTALA ruled to exclude abortion care

鈥淚t is notable that the narratives reported here describing delayed and denied care have occurred with EMTALA still intact and hospitals required to provide emergency abortion care,鈥 the study鈥檚 authors write, referring to the federal Emergency Medical Treatment and

Labor Act, which the federal government has stipulated includes emergency abortion care, and which states with abortion bans have sued over. The U.S. Supreme Court this summer聽聽on Idaho鈥檚 lawsuit challenging the federal requirements, allowing doctors to provide emergency abortions while聽.

鈥淎lthough it is difficult to assess from the narratives, some 鈥 may have been EMTALA violations since stabilizing care was not provided,鈥 the researchers write. 鈥淥ther cases, such as those where the patient was admitted to a hospital for observation or those involving a patient pregnant with a fetus with an anomaly incompatible with life, are likely not EMTALA violations. Regardless, we anticipate these cases of poor-quality care would become even more common if the Supreme Court were to rule that EMTALA does not apply to emergency abortion care.鈥

Overall, participants reported that their patients suffered emotionally and financially, sometimes even insured patients having to pay out of pocket for medical care because it was in another state. Grossman also noted that affected patients could face long-term physical and mental-health consequences because of the medical care they did or did not receive.

鈥淲hen we came out with our first report, maybe I was a little bit more optimistic and thought that perhaps this information could be used to help streamline care, reduce these delays, and identify workarounds,鈥 Grossman said. 鈥淎nd perhaps that has happened in some places, but I think it鈥檚 really clear now, more than two years out, that those kinds of fixes or Band-Aids on a bad policy just aren鈥檛 going to work, and that really it鈥檚 not possible to provide evidence-based care in these states. These bans need to be repealed.鈥

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Sofia Resnick
Sofia Resnick

Sofia Resnick is a national reproductive rights reporter for States Newsroom, based in Washington, D.C. She has reported on reproductive-health politics and justice issues for more than a decade.

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