California sues hospital for denying patient an emergency abortion

(NEW YORK) — California Attorney General Rob Bonta announced the state is suing a hospital in Eureka for allegedly refusing emergency abortion care to women whose lives are in danger.

The lawsuit, filed Monday in Humboldt County Superior Court, alleges Providence St. Joseph Hospital violated multiple California laws due to its refusal to provide urgent abortion care to people experiencing obstetric emergencies.

Providence St. Joseph’s is a Catholic hospital and the primary hospital services provider in Eureka, the largest coastal city between San Francisco and Oregon in northern California.

The lawsuit names one particular patient, Anna Nusslock, who had her water break when she was 15 weeks pregnant with twins in Feb. 2024.

Nusslock, a 35-year-old healthcare professional, claimed in the lawsuit that doctors at Providence St. Joseph’s told her the only option was abortion, but they could not provide her the service, based on hospital policy.

“Without abortion care, I risked infection or hemorrhage, both of which are so dangerous to my health and my life, and increased with every minute that passed,” Nusslock said during a press conference Monday.

Nusslock said she was told by doctors that they were prohibited from offering an emergency abortion if her twins still had any signs of heart tones, despite her own life being at risk and the pregnancy no longer being viable.

“I was told I could not receive emergency abortion care while at Providence because of hospital policy,” Nusslock said.

Instead, Nusslock alleges Providence staff gave her a bucket and towels “in case something happens in the car” and told her to drive 12 miles to a small community hospital where doctors were allowed to perform the procedure.

Once at that smaller hospital, Nusslock said she was actively hemorrhaging when she was placed on an operating table and the pregnancy was aborted.

In the state’s lawsuit, Attorney General Rob Bonta argues Providence has been violating multiple California laws by refusing emergency abortion care to women in need.

California is requesting a court order to force the hospital to perform prompt emergency care including abortions.

“Pregnant patients have the same rights to health care, including emergency care, that any other patient has,” said Bonta.

Bonta claims Providence is barring doctors from providing lifesaving or life-stabilizing emergency abortion treatment even when a pregnancy is not viable and when doctors have determined that immediate abortion care is necessary to save the life of the mother.

The lawsuit alleges that Providence only allows the procedure if the mother’s life is in immediate danger of death by which time intervention can be too late.

“This policy, let’s make no mistake, is draconian,” Bonta said. “It has no place in institutions that are charged with delivering accessible and equitable healthcare.”

While Bonta argues Providence must provide the care under California law, federal law on the topic is less clear.

The Emergency Medical Treatment and Labor Act requires every hospital in the United States that operates an emergency department and participates in Medicare to provide life-stabilizing treatment to all patients, but in a recent case, the U.S. Supreme Court did not confirm that the act includes abortion care.

In a statement to ABC News, a spokesperson for Providence St. Joseph Hospital 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. We are heartbroken over Dr. Nusslock’s experience earlier this year.”

“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. Because this case is in active litigation and due to patient confidentiality, we cannot comment on the matter,” the spokesperson added.

“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,” the spokesperson said.