Providence files motion to dismiss lawsuit over emergency abortion care

Providence St. Joseph Hospital in Eureka, Calif., has filed a motion to dismiss a lawsuit brought by the state attorney general, which alleged the hospital unlawfully denied an emergency abortion to a woman diagnosed with a condition that threatened her health, according to a report from the Times Standard

In October, California Attorney General Rob Bonta filed a lawsuit against Providence St. Joseph, alleging the Catholic hospital violated multiple state laws by refusing to provide an abortion to a woman whose water broke in February when she was 15 weeks pregnant with twins. 

The woman was diagnosed with previable preterm premature rupture of membranes. While physicians acknowledged her pregnancy was no longer viable and posed risks to her health, they refused to perform an abortion due to hospital policy, which prohibits the procedure unless the mother's life is at risk and while fetuses still have a pulse. The patient and her husband ultimately traveled to Mad River Community Hospital in Arcata, Calif., where she arrived hemorrhaging and was rushed to the OR to have the second fetus removed. Along with the lawsuit, the attorney general filed a preliminary injunction to ensure patients receive prompt emergency care, including abortions, at the hospital. 

Providence St. Joseph filed a motion to dismiss the case Dec. 23, arguing that compelling it to allow abortions would "substantially burden SJH's free exercise of religion," according to the Standard. The filing largely focuses on the hospital's Catholic status and religious freedom, and does not dispute facts outlined in the lawsuit. 

"Our motion raises several procedural legal arguments for dismissal while also affirming both our Catholic identity and our commitment to providing safe, high-quality emergency care for pregnant patients in accordance with state and federal law," a spokesperson for Providence said in an email to the news outlet. "Our commitment to both the health of our community and our faith-based tradition remains unwavering. We have served as a vital safety net in Humboldt County since the Sisters of St. Joseph of Orange founded the ministry more than 100 years ago, and we remain deeply committed to continuing to be here for patients when they need us most. As part of that commitment, we are providing additional training and education to our OB and emergency department medical staff and caregivers to support them in the delivery of safe, high-quality emergency care for pregnant patients in the context of our Catholic identity and the requirements of state and federal law."

Mad River Community Hospital ended labor and delivery services Oct. 31, leaving Providence St. Joseph as the only remaining birthing center in Humboldt County. 

In a statement to the Standard, the attorney general expressed concern about future patients in the region who may require an emergency abortion to save their life or prevent significant harm to their health. 

Becker's has reached out to Renton, Wash.-based Providence and will update the report as more information becomes available. 



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