Posted on Aug 16, 2022
Mother claims she was denied an abortion despite baby’s condition
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A Baton Rouge mother has a week to make an unthinkable decision - carry her baby to term even though she says doctors tell her it will not survive or find another state where she can have an abortion.
“It’s hard knowing that ... you know I’m carrying it to bury it...you know what I’m saying,” asked Nancy Davis who is 13 weeks pregnant with her second child.
Davis got her first ultrasound at Woman’s Hospital when she was 10 weeks pregnant. She and her boyfriend were excited to welcome their new baby, but soon learned the pregnancy would not go the way they planned.
“It was an abnormal ultrasound, and they noticed the top of the baby’s head was missing and the skull was missing, the top of the skull was missing,” Davis explained.
“It’s hard knowing that ... you know I’m carrying it to bury it...you know what I’m saying,” asked Nancy Davis who is 13 weeks pregnant with her second child.
Davis got her first ultrasound at Woman’s Hospital when she was 10 weeks pregnant. She and her boyfriend were excited to welcome their new baby, but soon learned the pregnancy would not go the way they planned.
“It was an abnormal ultrasound, and they noticed the top of the baby’s head was missing and the skull was missing, the top of the skull was missing,” Davis explained.
Mother claims she was denied an abortion despite baby’s condition
Posted from wafb.com
Abortion
Pregnancy
Posted >1 y ago
Responses: 1
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C. Definitions. For purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(6) "Medically futile" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth.
D. Determination of postfertilization age.
(1) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.
https://legis.la.gov/Legis/Law.aspx?d=964985
(6) "Medically futile" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth.
D. Determination of postfertilization age.
(1) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.
https://legis.la.gov/Legis/Law.aspx?d=964985
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SFC Kelly Fuerhoff
"Davis says her baby was diagnosed with acrania. A rare and fatal condition, where the baby’s skull fails to form in the womb. According to health experts, babies with this condition only survive minutes to hours after birth. But because Davis’s life was not in danger and the baby’s condition does not fall under Louisiana Department of Health’s list of qualifying conditions, she was denied an abortion. Unsure about what to do, Davis is faced with a tough decision. Either carry the baby to term, or cross state lines to get an abortion."
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Maj John Bell
SFC Kelly Fuerhoff - The Louisiana Dept of Health (LDH) stated that it would publish a list of "qualifying conditions" no later than August 1, 2022. I can find no evidence that such a list has been published. But any such list is legally irrelevant. An LDH guidance does not supersede the actual law.
The fact that acrania is a post-partum death sentence for the child is undisputed. It meets the bar of "medically futile." The failure of the LDH to list every possible condition does not override the actual law. No such case would ever make it to court and any prosecutor who advanced such a case would be laughed out of court.
I believe this is a false/misleading attempt to stir up the passions of the pro-abortion faction and sway the undecided. But it is not based in fact. I am not pro-abortion, but if I were a physician who had the knowledge to perform an abortion and licensed in the state of Louisiana, I would not think twice about it and I would perform this abortion.
The fact that acrania is a post-partum death sentence for the child is undisputed. It meets the bar of "medically futile." The failure of the LDH to list every possible condition does not override the actual law. No such case would ever make it to court and any prosecutor who advanced such a case would be laughed out of court.
I believe this is a false/misleading attempt to stir up the passions of the pro-abortion faction and sway the undecided. But it is not based in fact. I am not pro-abortion, but if I were a physician who had the knowledge to perform an abortion and licensed in the state of Louisiana, I would not think twice about it and I would perform this abortion.
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