Legal risks of miscarriage care post-Roe: Physicians voice concern

Many physicians are expressing concern that they may be at risk of prosecution for providing miscarriage care in the wake of Roe v. Wade's overturning, Roll Call reported July 12.

Procedures used to treat miscarriages can be similar to those used to end a viable pregnancy and often entail use of the same drugs — mifepristone and misoprostol, according to the report.

"Just being accused is a huge risk. Even if you're completely in the right and you're being very careful to follow laws," Karen Meckstroth, MD, an OB-GYN and clinical professor at University of California San Francisco, told Roll Call. 

As of July 12, 18 states have implemented laws in which physicians could receive jail time for performing abortions. Health policy experts told Roll Call these laws will make it harder for physicians to make care decisions for women who are miscarrying.

"The decision is going to be in many cases shaped by whether the doctors have concerns about their liability, either civil or criminal, depending on the state," said Alina Salganicoff, PhD, senior vice president and director of women's health policy at the Kaiser Family Foundation. 

Physicians can protect themselves from liability while providing routine miscarriage managment by keeping detailed records of patients' care, experts said. 

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