Medical malpractice cases may soon begin to emerge spurred by the denial of abortion care particularly for women who face life-threatening pregnancies, KFF Health News reported June 23.
Even in a state where abortion bans are enacted, denying this standard of care in critical cases could be "perceived as substandard care and there is increased civil liability," Diana Nordlund, DO, an emergency physician, former malpractice defense attorney, and chair of the Medical-Legal Committee of the American College of Emergency Physicians, told KFF Health News.
However, fears from physicians in those states regarding what could happen if they perform such care continues to also be a factor.
In a poll conducted by the news outlet, more than 60 percent of OB-GYN physicians in states with abortion bans reported being "somewhat or very concerned about their legal risk when making decisions about the necessity of an abortion," according to KFF Health News. And 59 percent in states with specific gestational limits said the same.
Providing that care in a state with bans or restrictions could further complicate insurance claims for patients as well.
Morgan Murphy, a malpractice plaintiff's attorney based in Missouri, one of the states which has banned abortion entirely since Roe's reversal in June 2022, told KFF Health News that her firm will refuse to prosecute such cases except for in extreme circumstances and also believes that juries will likely not find a physician guilty in most cases.
"Unless a mother is on her deathbed, it's pretty hard to fault a provider who thinks if they provide treatment they're going to be criminally liable or will lose their medical license," she told the outlet.