Louisiana anti-abortion group calls on doctors to stop denying care exempted by ban

The treatments which Kaitlyn Joshua needed were similar to an abortion, and her doctors feared being prosecuted, citing purported ambiguities in the ban on terminating most pregnancies which took effect in Louisiana after the US supreme court last year overturned the nationwide abortion rights granted by Roe v Wade.

Even though Louisiana has some of the tightest restrictions against abortion in the US, Joshua was legally entitled to the care she sought under an exception to the ban which involves miscarriages, Sarah Zagorski of Louisiana Right for Life said.

In a recent interview with the Guardian, Zagorski said the public in general urgently needs more education on the exceptions to the abortion ban in a state which has the highest maternal mortality rate in the US. While she stopped short of saying what her organization might be able to contribute that effort, she did say it was imperative for medical providers and their legal teams to take it upon themselves to study and comprehend the exceptions to the abortion ban in Louisiana, especially in light of a case like the one centering on Joshua.

Joshua for her part has retained an attorney, though neither she nor the lawyer would comment to the Guardian on what actions they are possibly contemplating against any providers who turned Joshua away.

To the author of the ban, the Louisiana state senator Katrina Jackson, the language makes it clear that miscarriage treatment is distinct from an abortion. Though she did not speak with the Guardian, she has previously released a statement to National Public Radio and its local New Orleans affiliate, WWNO, saying that nothing in the law bans women from receiving miscarriage treatments.

But Jackson has not indicated whether she may try to at all clarify the legislation she authored. She first faced calls to do at least that after Louisiana woman Nancy Davis, who was carrying a skull-less fetus that would die within a short time of birth, was denied an abortion in the state and had to travel to New York to terminate the pregnancy.

Abortion access advocates have similarly rallied around Joshua.

As a Black woman, Joshua told WWNO that she was aware of maternal-related deaths in her state. A 2018 report by the Louisiana Department of Health found that Black women are four times more likely than their white counterparts to die during childbirth, so she decided to schedule her next appointment with a Black obstetrician.

By the next evening, Joshua ended up at Baton Rouge general hospital after losing a large amount of blood and tissue. A female doctor told Joshua that there appeared to be a cyst in her ultrasound and questioned if she was pregnant.

Joshua told WWNO that the doctor recommended waiting at home for the miscarriage to pass, if this was in fact a spontaneous abortion. However, the doctor refused to give her treatments that would lessen the pain and quicken the miscarriage.

Abortion access advocates would prefer Louisiana and other similarly situated states to do away with their bans altogether. But the legislatures of Louisiana and those other states are controlled by conservatives who oppose abortion.