New York Doctor Faces Lawsuit for Prescribing Abortion Pills to Texas Resident | US News
A New York physician is facing a lawsuit from Texas for allegedly prescribing abortion medication to a woman in the Dallas area.
The complaint, filed by Texas Attorney General Ken Paxton on Thursday, accuses Dr. Margaret Carpenter of illegally prescribing abortion-inducing drugs to a 20-year-old, contravening state law.
While there are no criminal charges in this case, Mr. Paxton reported that the woman, who was nine weeks pregnant, experienced “serious complications” that required hospitalization in July after taking the drugs.
“We prioritize the health and lives of mothers and babies in Texas, and this is why we cannot allow out-of-state physicians to unlawfully and recklessly prescribe abortion-inducing drugs to Texas residents,” he stated.
Court documents reveal that the woman received two medications commonly associated with abortions up to ten weeks of pregnancy: mifepristone, which inhibits a key hormone necessary for pregnancy, and misoprostol, which induces uterine contractions, cramping, and bleeding.
The state is pursuing damages of up to $250,000 from Dr. Carpenter, who is also a co-founder of the Abortion Coalition for Telemedicine.
The lawsuit contends that the doctor’s actions breach the Texas Health and Safety Code, which prohibits prescribing abortion-inducing drugs via telemedicine, such as online and telephonic consultations.
Texas has banned abortions at all stages of pregnancy, and in 2021, prior to the Supreme Court overturning Roe v. Wade, the state enacted a law empowering residents to sue those who provide or assist in abortions.
Furthermore, Texas legislation forbids physicians or medical providers from sending abortion-inducing drugs by courier, delivery, or mail service and mandates that doctors must possess a Texas medical license to prescribe to residents of the state.
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New York, among a group of Democratic-led states, has enacted so-called shield laws designed to protect doctors who prescribe abortion pills to patients in other states.
These laws state that New York will not assist other states in prosecuting, suing, or penalizing a doctor for providing such medications, as long as the doctor adheres to New York law.
Additionally, these laws include provisions enabling a physician who has been sued to countersue for damages.
In response to Mr. Paxton’s lawsuit, New York Attorney General Letitia James expressed pride in the state’s stance as a safe haven for abortion access.
“Abortion remains legal and protected in New York,” she asserted in a statement.
“While some states attempt to penalize those who facilitate or obtain abortion care, New York will continue to be a sanctuary for such access.”
“We will staunchly defend our providers against unjust retribution for performing their professional duties and will not yield to intimidation or threats.”
“I will fight to uphold reproductive freedom and justice for New Yorkers, including against anti-choice attacks from other states.”
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Medication abortions using mifepristone and misoprostol represent the most prevalent method of terminating pregnancies in the US.
This year, the Supreme Court rejected an effort to limit access to mifepristone, following campaigns aimed at stopping the drug’s mail delivery without requiring a woman to consult a doctor in person.