NASHVILLE, Tenn. (WTVF) — It could be a matter of life and death over the question of whether to end a pregnancy.
Three Tennessee women are suing the state, challenging a law forcing them to carry babies that would not survive putting them at risk.
Doctors have a Hippocratic oath to do no harm.
But what happens when because of a state law banning abortion they choose not to act on a medical condition that could harm or kill their patient?
"The law forced me to carry a baby for months that was never going to live and easily could have killed me," said Nicole Blackmon.
She was unable to terminate her pregnancy and at seven months delivered a stillborn. She isn't alone. Allie Phillips learned her daughter was dying in the womb too, but doctors would not end her pregnancy in Tennessee.
"Politicians are passing cruel laws against something they know absolutely nothing about," said Phillips
Blackmon and Phillips are suing Tennessee challenging the state's abortion law.
They both say their life was put at risk by being forced to carry fetuses that would not survive. The health issue is a legal quandary for doctors.
"Following the standard of care which is the rules of the profession to save the patient's life versus following the law not to take a fetus and perform an abortion," said malpractice attorney Clint Kelly.
He said doctors will likely soon have another legal issue to consider — malpractice lawsuits.
Kelly said any doctor who diagnoses a potentially deadly condition involving a fetus has a duty to treat and try to save the pregnant woman's life.
"Standard of care would be to remove the fetus to preserve the mother's life or reduce the chances of the mother getting an illness that would kill her."
Kelly said that doing otherwise opens the door to malpractice lawsuits.
There have yet to be any such case filed, but he says they are coming.
And, Kelly doubts a doctor using the state abortion law as a defense will hold up in court if a patient suffers severe injury or death — the result of being denied needed medical treatment.
Under Tennessee law, doctors are allowed to use reasonable medical judgment when deciding if an abortion is necessary to prevent harm or death of a patient.
But critics say there are still too many restrictions, which potentially put women's lives at risk.
