What happens if I have a miscarriage in Florida?
Florida law allows medical treatment for miscarriages, but the state's 6-week abortion ban creates legal uncertainty that can delay or complicate care for pregnancy loss, particularly in cases of incomplete miscarriage where retained tissue requires intervention.[1]
What you need to know
Medical care is legal
Florida law permits treatment for miscarriage and pregnancy loss.[1]
Providers face liability fears
Broad ban language creates ambiguity, leading some providers to delay care.[2]
Know your rights
Patients experiencing pregnancy loss have the right to timely medical intervention in Florida.[1]
The medical reality
Miscarriage is common. Approximately 10 to 20 percent of known pregnancies end in miscarriage, most often in the first 13 weeks.[3] Most miscarriages complete naturally. The body expels the tissue without medical intervention. But not all do.
In cases of incomplete miscarriage, retained tissue can cause infection, hemorrhage, and life-threatening complications. Standard medical care includes medication to complete the miscarriage or a procedure called dilation and curettage. The medications used are the same as those used in medication abortion. The procedure is the same as a surgical abortion procedure.[3]
This is where Florida's 6-week abortion ban creates medical and legal ambiguity.[1] Technically, the law allows treatment for miscarriage. Practically, some providers fear liability under the ban's broad language and delay care until a patient's condition deteriorates to the point that the life-saving exception clearly applies.[2]
Women have reported being sent home from Florida emergency rooms during active miscarriages and told to return only if bleeding worsens. Others have been instructed to wait for fetal cardiac activity to stop before intervention, even when miscarriage is inevitable. These delays are not required by law. They happen because providers are navigating uncertainty.[2]
What the law says
Florida Senate Bill 300 includes an exception to save the life of the mother.[1] Miscarriage care falls within this exception when a patient's health is at risk. Ectopic pregnancies, which are never viable and can be fatal, are also covered.
But the law does not clearly define what constitutes sufficient medical urgency. In practice, this creates a gap between what is legal and what providers feel safe doing. Medical organizations including the American College of Obstetricians and Gynecologists have raised concerns that abortion bans delay timely care for pregnancy complications, even when the law technically permits treatment.[2]
Florida's maternal mortality rate stands at 24.1 deaths per 100,000 live births, well above the national average of 17.9.[4] Research on maternal mortality in abortion-restrictive states shows pregnancy-associated deaths rose roughly 9.2 percent post-Dobbs, with maternal death rates 62 percent higher in restriction states than in expansive-access states.[2] Black women in ban states face the highest mortality: 60.9 deaths per 100,000 live births.[2]
How this should work
David Jolly's position restores the Roe v. Wade and Casey v. Planned Parenthood framework that governed reproductive healthcare for 49 years.[5] Under that framework, medical decisions about pregnancy loss belong between patients and their doctors. Not in legislative chambers. Not in courtrooms. Not delayed by liability concerns.
Miscarriage is not abortion in intent, but the medical treatment is often identical. A healthcare system that treats these procedures as legally suspect endangers women experiencing pregnancy loss. Florida can do better. Government should stay out of the doctor's office.[6]
This is healthcare. It should be treated as healthcare.
Common questions about miscarriage care in Florida
Q. Can I get treated for a miscarriage in Florida?
Yes. Florida law permits medical treatment for miscarriage and pregnancy loss. The issue is not whether care is legal but whether providers feel confident they can provide it without legal exposure under the state's 6-week abortion ban. If you are experiencing a miscarriage and a provider delays care, ask for documentation of their decision and seek a second opinion if your health is at risk.[1]
Q. What is an incomplete miscarriage?
An incomplete miscarriage occurs when some pregnancy tissue remains in the uterus after a miscarriage begins. Retained tissue can cause heavy bleeding, infection, and serious complications. Treatment typically involves medication or a surgical procedure to remove the remaining tissue. The medications and procedures used are medically identical to those used in abortion care, which is why abortion bans can create legal uncertainty around miscarriage treatment.[3]
Q. What if my provider says they cannot treat my miscarriage?
Florida law permits treatment for miscarriage and for conditions that threaten the life of the mother, including ectopic pregnancy and serious pregnancy complications. If a provider delays care, ask them to document the medical reason for the delay and ask whether their decision is based on your medical condition or on legal concerns. Seek a second opinion if your health is deteriorating. You have the right to timely medical care for pregnancy loss.[1]
Q. Can I be prosecuted for having a miscarriage in Florida?
No. Florida law does not criminalize patients for miscarriage or pregnancy loss. The legal liability concerns under the 6-week abortion ban apply to healthcare providers, not to patients. If you are experiencing a miscarriage, you are legally entitled to medical care. That care is not illegal, and you are not at risk of prosecution for seeking or receiving it.[1]
Q. What is an ectopic pregnancy?
An ectopic pregnancy occurs when a fertilized egg implants outside the uterus, most commonly in a fallopian tube. Ectopic pregnancies are never viable and can be life-threatening if not treated promptly. Treatment involves medication or surgery to remove the pregnancy tissue. Florida law permits treatment for ectopic pregnancies under the life-of-mother exception. If you are diagnosed with an ectopic pregnancy, immediate medical intervention is both legal and medically necessary.[3]
Q. Why do abortion bans affect miscarriage care?
The medications and procedures used to treat miscarriage are medically identical to those used in abortion. Medication abortion uses mifepristone and misoprostol; miscarriage management uses the same drugs. Surgical abortion is a dilation and curettage procedure; treatment for incomplete miscarriage uses the same procedure. When state law broadly restricts abortion, providers must determine whether a given case falls within a legal exception. That determination takes time, creates liability risk, and can delay care for women experiencing pregnancy loss.[2]
Q. What would change under Jolly's Roe and Casey framework?
The Roe v. Wade and Casey v. Planned Parenthood framework Jolly proposes would restore a clear legal standard for pregnancy-related medical care. Providers treating miscarriages, ectopic pregnancies, and other pregnancy complications would not face liability under abortion restrictions because those cases fall within established medical standards of care. The ambiguity that currently delays treatment would be replaced by the legal clarity that governed U.S. healthcare for 49 years. Medical decisions about pregnancy loss would return to doctors and patients.[5]
Q. Where can I get help if I am having a miscarriage?
If you are experiencing heavy bleeding, severe pain, fever, or other signs of pregnancy complications, seek emergency medical care immediately. Contact your obstetrician or go to the nearest emergency room. Planned Parenthood locations in Florida provide miscarriage care and pregnancy-loss support. The Miscarriage Association and other support organizations offer confidential guidance. You have the right to timely medical treatment for pregnancy loss in Florida.[3]
Sources
- Florida Senate, SB 300 (2023) · 2023-04-14
- Johns Hopkins Bloomberg School of Public Health, Study: Higher Maternal Death Rate in States with Abortion Bans · 2026-01-01
- American College of Obstetricians and Gynecologists, Early Pregnancy Loss FAQ · 2024-01-01
- March of Dimes PeriStats, Florida Maternal Mortality Data · 2024-11-01
- David Jolly Campaign, As Governor: Restoring Reproductive Freedom (video) · 2024-06-01
- David Jolly Campaign, Laura Jolly on Reproductive Rights (video) · 2025-09-01
Healthcare decisions belong with patients and doctors
Miscarriage care should not carry legal uncertainty. Have a question for David? Visit the Town Hall and ask.