After the Supreme Court ruling overturning the Roe precedent providing the right to access abortion services, doctors in Red states that have passed oppressive abortion bans or criminalized reproductive care are concerned that they could face long, drawn-out legal action if they treat patients who suffered a miscarriage, Roll Call reports.

Because laws passed by GOP-dominated legislatures in places like Texas and Missouri encourage citizens to file civil lawsuits against any person believed to help a woman obtain an abortion, OB/GYN doctors and other physicians fear that they could be deluged with lawsuits if they treat previously pregnant individuals who suffered a natural miscarriage.  Many of these draconian laws do not require proof that an abortion took place; anyone can file a lawsuit without repercussions because there are shield provisions protecting plaintiffs in the lawsuits from countersuits.  The possibility for limitless civil suits created by these laws creates caution in physicians who treat the patients because they can drain financial resources even though the plaintiff has no evidence of a crime.

Doctors in other states such as Idaho, North Dakota and Wyoming also face potential criminal action if laws more than a century old are reinitiated. 

Such legal claims will also face a challenge in court because some of these laws require doctors to violate HIPAA patient privacy laws to defend themselves in court cases.  While lawsuits brought by patients or patients’ families in court essential require the patient to waive their HIPAA privacy rights, it’s uncertain if a patient’s HIPAA rights can be violated to defend a physician from a third party lawsuit.