California sues Catholic hospital for halting emergency abortion
California has initiated legal action against a rural Catholic hospital accused of denying an emergency abortion in February to a woman whose water broke prematurely, thereby exposing her to the risk of severe infection and hemorrhage.
The Providence St. Joseph Hospital in Eureka, California, is alleged to have breached several state laws by discriminating against pregnant patients and refusing to offer abortion services in cases of obstetric emergencies, as stated by California Attorney General Rob Bonta during a press conference on Monday.
The lawsuit, filed in Humboldt County Superior Court, seeks not only civil penalties but also a preliminary injunction against the hospital. According to the lawsuit, Anna Nusslock, a chiropractor and resident of Eureka, was 15 weeks pregnant with twins when her water broke prematurely. Nusslock recounted at the press conference that medical professionals at Providence St. Joseph Hospital informed her that her twins would not survive and that she required an abortion to prevent life-threatening complications. However, the hospital declined to perform the abortion, citing a policy that prohibits any medical intervention while a "detectable heartbeat" is present, as detailed in the lawsuit.
"California is the beacon of hope for so many Americans across this country trying to access abortion services since the Dobbs decision," Bonta said in a statement Monday. "It is damning that here in California, where abortion care is a constitutional right, we have a hospital implementing a policy that’s reminiscent of heartbeat laws in extremist red states."
"With today’s lawsuit, I want to make this clear for all Californians: abortion care is healthcare. You have the right to access timely and safe abortion services," Bonta added.
Lawsuit: A bucket, towels after refusing care
On Feb. 23, Nusslock was rushed to Providence St. Joseph Hospital's emergency department after her water broke, according to the lawsuit. At the time, Nusslock had been experiencing increasing pain and bleeding for about a week.
A doctor at the hospital told Nusslock that there was no possibility her twins would survive and that without abortion care, she was at risk of potentially life-threatening infection or hemorrhaging, the lawsuit states.
"Despite every doctor involved agreeing that (Nusslock) needed immediate intervention, Providence Hospital policy would not allow it," according to the lawsuit.
The Attorney General's Office said the hospital's policy prohibits doctors from "providing life-saving or stabilizing emergency treatment when doing so would terminate a pregnancy, even when the pregnancy is not viable."
The lawsuit additionally claimed that the hospital suggested Nusslock be transported by helicopter to the University of California, San Francisco Medical Center for an emergency abortion. However, Nusslock stated that this option was not viable for her due to the $40,000 expense. "I inquired whether we could drive to UCSF instead, and my doctor replied, 'If you attempt to drive, you will hemorrhage and die before reaching a facility that can assist you,'" she recounted.
Ultimately, the hospital discharged her and advised Nusslock to drive to a nearby community hospital located approximately 12 miles away, as stated in the lawsuit. Before her departure, Nusslock mentioned that a nurse provided her with a bucket and towels "in case something happens in the car."
Latest legal battle over abortion care
Since the U.S. Supreme Court rescinded the federal right to abortion over two years ago, numerous Republican-led states have progressively implemented stricter regulations on abortion-related healthcare. This includes prohibitions on the procedure even in situations where the life of the pregnant individual may be endangered. Nusslock's situation represents the most recent development in a series of legal disputes concerning abortion care nationwide. In August, two women from Texas lodged federal complaints against hospitals that refused to perform abortions for ectopic pregnancies.
Additionally, in July, a woman from Kansas initiated a lawsuit against the University of Kansas Health System for denying her a medically necessary abortion in 2022. In June, the U.S. Supreme Court affirmed a lower court's decision that federal law takes precedence over Idaho's nearly complete abortion ban in cases of medical emergencies; however, legal challenges regarding this matter are anticipated to persist.
