Case: 23-10362 Document: 543-1 Page: 21 Date Filed: 08/16/2023
Second, treating mifepristone patients imposes considerable mental and emotional stress on emergency-room doctors. This is due to the unique nature of chemical abortions, which, according to the plaintiff-doctors, frequently cause “regret” or “trauma” for the patients and, by extension, the physicians. Alliance Br. at 18. Dr. George Delgado testified that his work with such patients is “some of the most emotionally taxing work I have done in my career.” Dr. Delgado Declaration ¶ 14; see also Dickerson Declaration ¶ 14; Dr. Skop Declaration ¶ 33; Dr. Wozniak Declaration ¶ 17.
Third, the Doctors are injured because they must divert time and resources away from their ordinary practice to treat mifepristone patients. In particular, the Doctors describe this treatment as often requiring extended physician attention, blood for transfusions, and other hospital resources. As one doctor testified:
When I must perform surgery [for] complications from chemical abortions, this takes attention away from my other patients. As a hospitalist, I am often supervising multiple laboring patients on labor and delivery. When I am called to the operating room to address an emergency resulting from chemical abortion, this necessarily means I may not be immediately available if an emergency should occur with one of my laboring patients.
Dr. Skop Declaration ¶ 32; see also Dr. Francis Declaration ¶ 12 (“I spent several hours with [my patient] the day of her surgery/hospital admission, keeping me from my primary patient responsibilities in the labor and delivery unit and requiring me to call in an additional physician to help cover those responsibilities.”); Dr. Harrison Declaration ¶ 30 (“Patients who suffer complications from chemical abortions require significantly more time and attention from providers than the typical OB/Gyn patient requires.”). This diversion of resources, the Doctors say, directly harms their medical practices. See Dr. Harrison Declaration ¶¶ 27–30.
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