This lawsuit will prove that Texas designed its abortion bans to put patients at risk of death.
for the state, Hendrix juxtaposed the EMTALA with Texas law and found that they conflicted. Texas, he explained, “limits abortions to when the medical condition is life-threatening.” EMTALA, by contrast, requires treatment for any condition that “could reasonably be expected” to put the patient’s health “in serious jeopardy.
risk of death without an abortion. Moreover, Hendrix identified a divergence in timing: EMTALA requires treatment for a condition that is “likely or certain” to “become emergent.” Texas law, however, permits abortion only when a patient isto die, or sustain irreversible and catastrophic damage to a “major bodily function,” without treatment.
The plaintiffs in this new case want the state courts to interpret Texas law differently so that it allows for abortion when a patient’s health is in serious jeopardy—even if a doctor cannot prove that the patient would have died without one at the time of the abortion. They want to let patients like Zurawski obtain life-saving care before they are actually at death’s door.
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