West Virginia Prosecutor Warns of Potential Legal Risks for Miscarriage Despite Expert Opposition

cnn.com/2025/06/06/health/miscarriage-criminal-charges

Revised Article

A West Virginia prosecutor is cautioning residents about potential legal risks following miscarriages, though he personally opposes such prosecutions. Raleigh County Prosecuting Attorney Tom Truman suggests that in the post-Dobbs legal environment, some prosecutors might use state laws regarding disposal of human remains to charge people who experience pregnancy loss. His warning stems from conversations with other prosecutors who believe such charges are possible under existing statutes.

Reproductive law experts strongly advise against contacting law enforcement after a miscarriage, warning that police involvement could lead to unwanted investigations and potential criminal charges. They note that medical evidence cannot distinguish between natural miscarriage and induced abortion, making any investigation potentially problematic. Hospitals already have established protocols for handling pregnancy tissue through normal medical channels, including testing, medical waste disposal, or funeral arrangements based on patient preferences.

The post-Dobbs legal landscape has seen increased criminalization of pregnancy outcomes, with over 200 cases of pregnant people facing criminal charges between June 2022 and June 2023. However, West Virginia's current abortion law includes specific exceptions for medical emergencies, nonviable pregnancies, rape, and incest. Legal experts emphasize that West Virginia law does not explicitly criminalize miscarriage, and the state Supreme Court has previously ruled against prosecuting prenatal conduct.

Medical professionals recommend treating miscarriage as a healthcare matter rather than a legal issue. Miscarriage occurs naturally in about 10% of known pregnancies due to developmental issues with the embryo. Healthcare providers have standard procedures for managing pregnancy loss that do not require law enforcement involvement, and patients experiencing miscarriage should consult qualified medical professionals rather than police.

Missing Context & Misinformation 4

  • West Virginia's abortion law includes specific exceptions for medical emergencies, nonviable pregnancies, rape, and incest, with medical professionals having authority to determine when these exceptions apply.
  • The 1849 West Virginia law referenced by some prosecutors was written before modern medical understanding of pregnancy and miscarriage, and courts have increasingly ruled that such archaic laws cannot be applied to contemporary medical situations.
  • Medical professionals have established protocols for handling pregnancy tissue that do not require law enforcement involvement, and hospitals are equipped to manage these situations within standard healthcare frameworks.
  • The American College of Obstetricians and Gynecologists has issued guidance stating that miscarriage is a natural medical event that occurs in 10-20% of known pregnancies and should be treated as routine healthcare.
  • Legal experts note that successful prosecutions for miscarriage are extremely rare, as medical evidence typically cannot distinguish between natural pregnancy loss and induced abortion.

Disinformation & Lies 1

No disinformation or lies detected in this article.

Bias 3

The article contains some bias but it is largely fair and useful. The emotional language describing the post-Dobbs landscape as 'scary' and 'hostile' reflects genuine concerns about increased criminalization of pregnancy outcomes. The article appropriately emphasizes expert warnings against contacting law enforcement, which serves readers by highlighting real legal risks. The tone of alarm is proportional to the documented increase in pregnancy-related prosecutions (200+ cases in one year). While the article could have included more perspectives from prosecutors who support these laws, the bias toward protecting pregnant people from potential criminalization is warranted given the documented cases and serves a valuable protective purpose for readers.