{"id":330945,"date":"2025-05-08T12:47:35","date_gmt":"2025-05-08T17:47:35","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=330945"},"modified":"2025-05-08T08:23:20","modified_gmt":"2025-05-08T13:23:20","slug":"south-carolina-pro-life-law-miscarriage-dc","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/south-carolina-pro-life-law-miscarriage-dc\/","title":{"rendered":"FACT CHECK: Is South Carolina&#8217;s pro-life law to blame for denial of a post-miscarriage D&#038;C?"},"content":{"rendered":"<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div><p>A woman in South Carolina told <a href=\"https:\/\/people.com\/woman-forced-to-carry-fetus-no-heartbeat-abortion-law-exclusive-11728304\" target=\"_blank\" rel=\"noopener\">PEOPLE<\/a> she was denied miscarriage care following the loss of her &#8220;very wanted&#8221; baby&#8230; because of the state&#8217;s pro-life law.<\/p>\n<p>Elisabeth Weber told the magazine that she was pregnant with her fifth child after losing her son Stone to Sudden Infant Death Syndrome (SIDS) in 2018. She and her husband, Thomas, were excited to be pregnant, but on March 27, at nine weeks pregnant, she learned that her baby, Enzo, had tragically stopped growing at about six weeks. She said her OB\/GYN told her it was &#8220;most likely a miscarriage.&#8221;<\/p>\n<p><strong>No heartbeat detected<\/strong><\/p>\n<p>When Weber had that first ultrasound at nine weeks, no heartbeat could be detected.<\/p>\n<p>The next day, she experienced cramping, and her OB reportedly told her to go to the ER. A scan there <em>again<\/em> showed that there was no heartbeat. However, Weber was still dealing with the symptoms of being pregnant, including extreme morning sickness called hyperemesis gravidarum (HG).<\/p>\n<p>&#8220;My body was not recognizing that I wasn&#8217;t pregnant anymore,&#8221; she said. &#8220;I was still completely bedridden with nausea, throwing up all the time.&#8221; Four days later, on March 31, she returned to the ER in pain and on the advice of her OB. She was <em>again<\/em> told that there was no heartbeat at nine weeks and three days.<\/p>\n<p>It seems from Weber&#8217;s video testimonial that she returned to the ER once again \u2014 and this is when she appears to have requested a dilation and curettage (D&amp;C) procedure, in which the remains of the baby and placenta are scraped or suctioned out of the uterus to complete the miscarriage. She was still experiencing extreme nausea. &#8220;With my HG and all of that, I&#8217;m so sick,&#8221; she said. &#8220;I have three kids, and waiting around to go into a mini-labor is just hard.&#8221;<\/p>\n<p>However, she claims doctors at the ER told her, &#8220;Because of the law \u2014 the heartbeat bill \u2014 we legally have to wait.&#8221;<\/p>\n<p>She said, &#8220;My baby didn&#8217;t have a heartbeat, and it still prevented me from getting care,&#8221; adding that she was asked if the pregnancy was &#8220;wanted.&#8221;<\/p>\n<p>&#8220;And I was like, &#8216;Yes, it&#8217;s very much wanted.&#8217; She seemed to be implying that I was trying to sneakily get rid of it. Obviously, that was not the case. I looked at her and literally was like, &#8216;My baby is dead. Every doctor I&#8217;ve talked to knows my baby is dead. My baby is not going to magically <a href=\"https:\/\/people.com\/health\/woman-forced-to-carry-unviable-fetus-for-7-weeks\/\" data-component=\"link\" data-source=\"inlineLink\" data-type=\"internalLink\" data-ordinal=\"1\">get a heartbeat<\/a>.'&#8221;<\/p>\n<p>Weber was told that in order to get a D&amp;C, she would need to wait, but to come back if she &#8220;started heavily bleeding, like hemorrhaging.&#8221; However, in a <a href=\"https:\/\/www.tiktok.com\/@elisabeth__hope\/video\/7493340944578727199\" target=\"_blank\" rel=\"noopener\">TikTok video<\/a>, Weber said that doctors told her that they had to wait <em>two weeks<\/em> to ensure there was no heartbeat.<\/p>\n<p id=\"mntl-sc-block_32-0\" class=\"comp mntl-sc-block mntl-sc-block-html\">\u201cMy baby has been sitting inside me dead for three weeks already,\u201d Weber said in a tearful and heartbreaking TikTok video during which she said had to wait another week knowing my baby is dead to do anything about it.\u201d She also stated that she was &#8220;raised in a cult and was forced to stand in front of abortion clinics as a CHILD,&#8221; and made sure to point out that she is &#8220;not conservative and&#8230; did NOT vote for trump.&#8221;<\/p>\n<blockquote class=\"tiktok-embed\" style=\"max-width: 605px; min-width: 325px;\" cite=\"https:\/\/www.tiktok.com\/@elisabeth__hope\/video\/7488058068140330270\" data-video-id=\"7488058068140330270\">\n<section><a title=\"@elisabeth__hope\" href=\"https:\/\/www.tiktok.com\/@elisabeth__hope?refer=embed\" target=\"_blank\" rel=\"noopener\">@elisabeth__hope<\/a>EDIT: I recorded this minutes after finding this information out, so not everything was worded correctly. I was raised in a cult and was forced to stand in front of abortion clinics as a CHILD. I am not conservative and I did NOT vote for trump.<a title=\"\u266c original sound - Elisabeth Hope\" href=\"https:\/\/www.tiktok.com\/music\/original-sound-7488063263792565022?refer=embed\" target=\"_blank\" rel=\"noopener\">\u266c original sound &#8211; Elisabeth Hope<\/a><\/section>\n<\/blockquote>\n<p><script async src=\"https:\/\/www.tiktok.com\/embed.js\"><\/script><\/p>\n<p>She told PEOPLE, \u201cI can&#8217;t believe that I&#8217;m being forced to carry around my dead baby. They know it&#8217;s gone, they know it&#8217;s dead, they know it&#8217;s stopped developing, and now I&#8217;m being forced to carry it \u2026 there&#8217;s really no feeling like when your womb becomes a tomb.\u201d<\/p>\n<p>After sharing her story on TikTok, a patient advocate contacted her and told her to go to a different hospital. She did, and was told her white blood cell count was high, yet <em>that hospital told her<\/em> <em>she didn&#8217;t meet the requirements for a D&amp;C.<\/em><\/p>\n<p id=\"mntl-sc-block_45-0\" class=\"comp mntl-sc-block mntl-sc-block-html\">\u201cI was still in a ton of pain, but they just sent me home with Oxycodone,\u201d Weber says. \u201cI felt like I couldn&#8217;t even grieve &#8230; I haven&#8217;t even had a moment to just sit and mourn this.\u201d<\/p>\n<p>After two weeks, she was able to undergo the D&amp;C, telling PEOPLE that on her paperwork, &#8220;it says abortion.&#8221;<\/p>\n<p><strong>South Carolina law<\/strong><\/p>\n<p>South Carolina&#8217;s Fetal Heartbeat and Protection from Abortion Act <a href=\"https:\/\/www.scstatehouse.gov\/\/sess125_2023-2024\/prever\/474_20230523.htm\" target=\"_blank\" rel=\"noopener\">states<\/a> that &#8220;abortions may not be performed in this state after a fetal heartbeat has been detected except in cases of rape or incest during the first twelve weeks of pregnancy, in medical emergencies, or in light of a fatal fetal anomaly.&#8221;<\/p>\n<p>The law defines &#8220;abortion&#8221; as &#8220;the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman <strong>with knowledge that the termination by those means will, with reasonable likelihood, cause the death<\/strong> of the unborn child. Such use, prescription, or means <strong>is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child<\/strong>&#8221; (emphases added).<\/p>\n<p>In addition, Section 44-41-330 of South Carolina law <a href=\"https:\/\/law.justia.com\/codes\/south-carolina\/title-44\/chapter-41\/section-44-41-330\/#:~:text=(A)%20Except%20in%20the%20case,following%20conditions%20have%20been%20satisfied:\" target=\"_blank\" rel=\"noopener\">states<\/a>, &#8220;If an ultrasound is required to be performed, <strong>an abortion may not be performed sooner than sixty minutes following completion of the ultrasound<\/strong>&#8221; (emphasis added).<\/p>\n<p>This is <em>very<\/em> different from the <em>two-week<\/em> timeline that Weber said doctors gave her.<\/p>\n<p>Her baby did not have a heartbeat and the law is clear that it protects <em>living<\/em> preborn children from induced abortion \u2014\u00a0 direct and intentional killing \u2014 when there is a detectable heartbeat. It is also clear that under the law, an act is <em>not an abortion<\/em> if used to &#8220;remove a dead unborn child.&#8221;<\/p>\n<p>After examination, it <strong>does not appear that the state&#8217;s pro-life law was to blame<\/strong> for the emergency room&#8217;s denial of a D&amp;C at that point in time.<\/p>\n<p>Weber&#8217;s grief is real and heartbreaking, and navigating the circumstances surrounding a miscarriage can be frightening and overwhelming.<\/p>\n<p><strong>What might have happened<\/strong><\/p>\n<p>There are circumstances in which a heartbeat is not detectable at first, but upon a follow-up exam, it is. This has happened to women countless times, as there are <a href=\"https:\/\/www.parents.com\/what-no-fetal-heartbeat-on-an-early-ultrasound-means-8598208\" target=\"_blank\" rel=\"noopener\">reasons<\/a> other than miscarriage that a heartbeat might not be detected. This includes that the dating of her pregnancy could have been off, and in another week, there could be a detectable heartbeat.<\/p>\n<p>According to <a href=\"https:\/\/www.parents.com\/what-no-fetal-heartbeat-on-an-early-ultrasound-means-8598208\" target=\"_blank\" rel=\"noopener\">Parents<\/a>, &#8220;If your provider doesn&#8217;t hear a heartbeat, they&#8217;ll assess you for other possible miscarriage symptoms. If they don&#8217;t find any, rechecking with another ultrasound after seven to 10 days is the most common recommendation.&#8221;<\/p>\n<p>Hospital staff could have been considering this possibility in their decision to hold off on a D&amp;C for Weber because, although she was experiencing pain and cramping, she was not bleeding, and her membranes did not appear to have ruptured.<\/p>\n<p>In addition, a D&amp;C is not the go-to response to an early miscarriage. According to the <a href=\"https:\/\/americanpregnancy.org\/healthy-pregnancy\/pregnancy-complications\/d-and-c-procedure-after-miscarriage\/\" target=\"_blank\" rel=\"noopener\">American Pregnancy Association<\/a>, about half of women who miscarry do not undergo a D&amp;C. &#8220;Women can safely miscarry on their own with few problems in pregnancies that end before 10 weeks,&#8221; it states on its website. &#8220;After 10 weeks, the miscarriage is more likely to be incomplete, requiring a D&amp;C procedure.&#8221;<\/p>\n<p>It continues, &#8220;A D&amp;C may be recommended for women who miscarry later than 10-12 weeks, have had any complications, or have medical conditions in which emergency care could be needed.&#8221;<\/p>\n<p>Standard protocol appears to show that Weber <em>may not have met the criteria for an emergency D&amp;C <strong>at the time that she requested it<\/strong>.<\/em><\/p>\n<p>A D&amp;C procedure comes with risk of hemorrhage, infection, perforation or puncture of the uterus, laceration or weakening of the cervix, scarring of the uterus or cervix, and an incomplete procedure that requires a second procedure. If scarring of the uterus occurs, it <a href=\"https:\/\/www.mayoclinic.org\/healthy-lifestyle\/getting-pregnant\/expert-answers\/abortion\/faq-20058551\">may affect future fertility<\/a>; a D&amp;C may also <a href=\"https:\/\/academic.oup.com\/humrep\/article\/31\/1\/34\/2380037\" target=\"_blank\" rel=\"noopener\">increase<\/a> the chance of preterm birth. A D&amp;C procedure may be used to treat certain conditions in addition to missed or incomplete miscarriage. A D&amp;C procedure may also be used to abort a still-living preborn child.<\/p>\n<p>As for &#8220;abortion&#8221; being listed on Weber&#8217;s paperwork, miscarriage is typically charted medically as a &#8220;spontaneous abortion&#8221; \u2014 often to the dismay of mothers experiencing pregnancy loss. It is the act of an <em>induced abortion<\/em> \u2014 which is when such a procedure is carried out with the intention of causing the baby&#8217;s death \u2014\u00a0that is prohibited in South Carolina.<\/p>\n<p>These hospitals that Weber visited have a medical protocol for an early miscarriage, but it has become clear that most Americans do not understand this protocol, and the fear and pain experienced during a miscarriage can understandably contribute to the tension and confusion in these circumstances.<\/p>\n<p>Unfortunately, the media has not helped to assuage fears; it has exploited tragic miscarriage <a href=\"https:\/\/archive.liveaction.org\/news\/5-facts-texas-radio-host-wife-miscarriage\/\" target=\"_blank\" rel=\"noopener\">stories<\/a> in an attempt to turn people against laws that protect preborn children from being intentionally killed.<\/p>\n<p><a href=\"https:\/\/actnow.io\/G3Bhv6M\"><img decoding=\"async\" loading=\"lazy\" class=\"aligncenter size-large wp-image-325597\" src=\"https:\/\/archive.liveaction.org\/news\/wp-content\/uploads\/2025\/01\/LA25DefundPP_EmailBannerAd-02-1-700x251.png\" alt=\"\" width=\"700\" height=\"251\" srcset=\"https:\/\/archive.liveaction.org\/news\/wp-content\/uploads\/2025\/01\/LA25DefundPP_EmailBannerAd-02-1-700x251.png 700w, https:\/\/archive.liveaction.org\/news\/wp-content\/uploads\/2025\/01\/LA25DefundPP_EmailBannerAd-02-1-300x107.png 300w, https:\/\/archive.liveaction.org\/news\/wp-content\/uploads\/2025\/01\/LA25DefundPP_EmailBannerAd-02-1-768x275.png 768w, https:\/\/archive.liveaction.org\/news\/wp-content\/uploads\/2025\/01\/LA25DefundPP_EmailBannerAd-02-1-500x179.png 500w, https:\/\/archive.liveaction.org\/news\/wp-content\/uploads\/2025\/01\/LA25DefundPP_EmailBannerAd-02-1.png 1167w\" sizes=\"(max-width: 700px) 100vw, 700px\" \/><\/a><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A woman in South Carolina told PEOPLE she was denied miscarriage care following the loss of her &#8220;very wanted&#8221; baby&#8230; because of the state&#8217;s pro-life law. Elisabeth Weber told the magazine that she was pregnant with her fifth child after losing her son Stone to Sudden Infant Death Syndrome (SIDS) in 2018. She and her [&hellip;]<\/p>\n","protected":false},"author":62,"featured_media":328928,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false},"categories":[20722],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v20.7 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>FACT CHECK: Is South Carolina&#039;s pro-life law to blame for denial of a post-miscarriage D&amp;C?<\/title>\n<meta name=\"description\" content=\"Based on the law and medical criteria it does not appear that the state&#039;s pro-life law was to blame for the ER&#039;s denial of a D&amp;C at that time.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.liveaction.org\/news\/south-carolina-pro-life-law-miscarriage-dc\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta 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