California Attorney General Rob Bonta filed a lawsuit against Eureka, Calif.-based Providence St. Joseph Hospital after a woman was denied an emergency abortion.
In February, Anna Nusslock, a chiropractor in Eureka, went to the nearest emergency room after her water broke 15 weeks into pregnancy, The New York Times reported Sept. 30. At Providence St. Joseph Hospital, she was diagnosed with previable preterm premature rupture of membranes, which can quickly lead to infection or hemorrhaging. Standard treatment includes an abortion. Physicians told Ms. Nusslock that one of the twins she carried would not survive and the other had almost no chance. If the pregnancy was not terminated she could face infection, hemorrhaging and threats to future fertility. However, staff would not perform an abortion because the Catholic-affiliated hospital's policy prohibited providing abortions unless the mother's life was at risk and while the fetuses have a pulse.
After several hours, Ms. Nusslock's husband drove her to Arcata, Calif.-based Mad River Community Hospital where she arrived hemorrhaging and passing a blood clot the size of an apple. One fetus was expelled and she was rushed to an operating room to have the other removed.
A Mad River physician said she had treated other patients denied abortions by Providence hospital in similar circumstances. The Mad River labor and delivery unit will close October, an attorney general's news release said.
"Providence is deeply committed to the health and wellness of women and pregnant patients and provides emergency services to all who walk through our doors in accordance with state and federal law," Providence said in a statement to Becker's. "We are heartbroken over Dr. Nusslock’s experience earlier this year."
The Attorney General's lawsuit alleges Providence violated multiple California laws — including the state's Emergency Services Law, the Unruh Civil Rights Act and the Unfair Competition Law — by refusing to provide emergency abortion care to people experiencing obstetric emergencies. In addition to the lawsuit, the attorney general has moved for a preliminary injunction to prevent Providence from following its policy. Officials told the Times they believe this is the first lawsuit California has filed against a hospital under the Emergency Services Law, which requires hospitals to provide care "necessary to relieve or eliminate the emergency medical condition." The lawsuit was filed based on this law because the attorney general said he was uncertain about the fate of the federal Emergency Medical Treatment and Labor Act.
"This morning was the first Providence had heard of the California attorney general’s lawsuit, and we are currently reviewing the filings to understand what is being alleged," Providence said. "Because this case is in active litigation and due to patient confidentiality, we cannot comment on the matter. As part of our pledge to delivering safe, high-quality care, we review every event that may not have met our patient needs or expectations to understand what happened and take appropriate steps to meet those needs and expectations for every patient we encounter."