ATLANTA, Ga. (Atlanta News First) – A day after a judge struck down Georgia's six-week abortion ban, the family of a mother who died after allegedly receiving delayed abortion care in 2022 is speaking out.

Amber Thurman, 28, had a rare complication from her abortion medications and went to Piedmont Henry Hospital in Stockbridge for a procedure to remove tissue from the uterus. But doctors waited 20 hours to perform dilation and curettage, which allegedly led to her death, according to Ben Crump, the family's attorney.

Crump said the family plans to file a medical malpractice lawsuit.

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The lawsuit comes as a Fulton County Superior Court judge on Monday struck down Georgia's LIFE law, which bans abortions after a fetal heartbeat can be detected. In most cases this is around six weeks.

“It’s bittersweet for this family,” Crump said during a news conference Tuesday. “Because while it will likely prevent other women in the state of Georgia from being put in danger like Amber was for the foreseeable future, it was not designed to save Amber’s life.”

Thurman died two weeks after the LIFE Act took effect. Attorney Michael Harper said the law provides two exceptions – if there is a medical emergency and the fetus is not viable. Thurman's situation meets both conditions, he argued during the press conference.

“Under Georgia’s heartbeat law, her life still should have been saved,” he said.

Thurman's mother, Shanette Williams, claimed the hospital left the family in the dark about what happened.

“I want to understand this. I want to know why. Because as her mother, that’s the hardest thing,” she said. “We would have done anything if we had known that. But we didn’t.”

Cjauna Williams, one of Thurman's sisters, FaceTimed Thurman shortly before she was admitted for the procedure. She said Thurman's face was blue.

“She looked deep into my soul. And to this day, that face, that look, haunts me every day,” she said. “Did she really have to be the victim?”

Abortion – and the swing state Georgia – are crucial to the 2024 presidential election. After ProPublica published Thurman's report, the news spread on social media and put Georgia back on the national stage.

Kamala Harris spoke directly about Thurman during a speech in Georgia on September 20th.

“She was loved,” Harris said. “And she should still be alive today.”

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