A doctor in Texas is suing a state over the new abortion law that he says he believes will increase his risk of getting an abortion.
In an Oct. 24 lawsuit filed in U.S. District Court in Austin, Dr. John S. Lopata alleges he was denied emergency abortion care at Texas Health Presbyterian Hospital after the state made the change in late October.
In his lawsuit, filed in the U.N. human rights tribunal, Lopatum alleged that he was told his emergency abortion was “a life-threatening condition” and that “his medical professional license was revoked.”
Lopata says that Texas Health Methodist Hospital has denied his requests to have an abortion and said it does not require medical certification.
He said he received a letter from the hospital saying he was “subject to a pre-existing condition” that could lead to abortion if he was treated on the hospital’s emergency list.
Texas Health Presbyterian, a large, all-female hospital that serves Houston, Austin, College Station, and Corpus Christi, has long been a leader in the Texas abortion debate.
In the last legislative session, lawmakers passed legislation allowing abortion at any stage of pregnancy.
Under the new law, doctors who have performed an abortion can also receive the same level of care that a general medical resident, nurse practitioner, or physician assistant receives.
The legislation did not require any additional credentials to obtain an abortion, which has been a controversial topic in the state.
However, Texas Health is among several medical institutions that has denied abortion services due to pre-viability requirements.
The Texas bill requires a doctor who performs abortions to obtain a certificate from the state stating the abortion was necessary to prevent the death of the mother.
The certificate, which must be completed within 72 hours of the abortion, is required to obtain the same medical certification that a doctor would need if the procedure were performed on a hospital patient.
The state also requires a physician who performs a surgical abortion to obtain certification that the abortion is necessary to save the life of the patient.
Lopatum, a practicing OB/GYN, says he was first denied an abortion at Texas Hospital in January, when a hospital physician informed him that abortion would be denied if he did not have a certificate that he completed within 24 hours of an abortion being performed.
The following day, Lomata received a second letter from Texas Health stating that he would be “subject” to the new regulations, Lopeata said.
Lopeatum said he was later told by the hospital that his emergency treatment would be suspended if he failed to complete the certificate within 24 minutes.
The next day, he said he got a second message from Texas health telling him that he had been “subjected to a medical condition.”
Lopatella said he is not sure why the hospital was still in the process of denying his emergency abortions.
Lopeata was not provided with a copy of the letter he was referred to by Texas Health, Lodega said.
Lopes claims he was then referred to another hospital for a second abortion on Oct. 30, after Texas Health refused to renew his emergency license.
Lopera, a Texas doctor who performed the first abortion at a Texas hospital in March, said Lopatra was “very distraught” when she learned that the hospital had denied his second abortion, and that Lopato was angry.
Loma, Lopa’s attorney, said the doctors’ disagreement was about the same issue.
Loma said he had talked with Lopita several times in the last week about the new laws, and said he has not seen Lopanto’s lawyer respond to any of the concerns raised in his client’s lawsuit.