An 18-year-old pregnant woman in Texas died in October of last year following delays in medical care, which her family and medical experts say may have been influenced by Texas' restrictive abortion laws, according to a new report.
Nevaeh Crain was six months pregnant at the moment of her death. She had sought medical assistance multiple times during the two days prior to her death after experiencing severe pain, abdominal cramping, fever, and vomiting.
Initially diagnosed with strep throat at Baptist Hospitals of Southeast Texas, she was discharged with antibiotics, though her symptoms persisted. Crain went to another hospital the following morning, where she tested positive for sepsis, a serious infection that often requires urgent care. Despite her condition and high fever, which medical experts argue are strong indicators for continuous monitoring, Crain was discharged a second time.
When Crain returned to the same hospital later that morning, she was in critical condition, with severely low blood pressure, her lips blue. According to her mother, Candace Fails, Crain was struggling to breathe and couldn't walk without assistance. At this point, medical staff checked for fetal viability via ultrasound twice before taking further action, a delay experts reviewing the case say was medically unwarranted.
Texas' abortion law bans procedures that end a fetal heartbeat, with few exceptions for life-threatening conditions. The law has led to hesitations among medical professionals concerned about possible legal repercussions, even in life-or-death situations.
Experts consulted by ProPublica noted that such laws may deter doctors from providing necessary interventions, even when the mother's health is at risk. The state's restrictions require physicians to verify a fetal heartbeat's absence before taking steps that might affect a pregnancy, complicating emergency treatment when minutes can make a difference.
A review of more than 800 pages of Crain's medical records conducted by ProPublica in consultation with multiple specialists revealed that medical staff across two hospitals may have missed critical signs of infection. Experts said that had Crain received this level of care sooner, both she and her fetus might have survived.
A significant federal regulation, the Emergency Medical Treatment and Labor Act (EMTALA), requires emergency departments to provide stabilizing care to all patients in crises. Although the Biden administration confirms that this requirement applies to pregnant patients in need of emergency abortions, Texas has challenged this interpretation, with state arguing that its own abortion restrictions supersede federal requirements.
Texas Attorney General Ken Paxton has actively supported the state's stance, recently celebrating a court victory that upholds Texas' abortion laws as prevailing over federal EMTALA guidelines. Texas remains the only state currently exempt from these federal emergency care requirements for pregnant patients.
Crane's mother Fails has since sought legal action to hold the hospitals accountable, but Texas law presents another barrier. Emergency care cases require plaintiffs to prove "willful and wanton negligence" by hospitals, a more challenging standard than the one for standard inpatient care. No attorney has agreed to take her case, leaving the family without clear options.
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