California Hospital Agrees to Provide Emergency Abortion Care in Accordance with State Law
- November 01, 2024
A California hospital agreed to allow emergency abortion care when, in a physician’s professional judgment, failing to do so would “place the patient’s health in serious jeopardy” or “result in serious impairment to the patient’s bodily functions,” California Attorney General Rob Bonta announced October 29.
The stipulation comes in a lawsuit Bonta filed September 30 against Providence St. Joseph Hospital in Eureka, CA for allegedly violating California’s Emergency Services Law, the Unruh Civil Rights Act, and the Unfair Competition Law by refusing to provide abortion care to patients experiencing obstetric emergencies.
The stipulation, which was approved by the California Humboldt County Superior Court where the case was filed, resolves Bonta’s motion for a preliminary injunction while the lawsuit proceeds.
Under the stipulation, Providence Hospital also “may not transfer a pregnant patient without first providing emergency services and care (including where applicable terminating a pregnancy)” when a reasonable medical probability exists that the transfer would cause a material deterioration in the patient’s medical condition.
Providence agreed to the stipulation “without admitting any liability” related to the alleged claims and “consistent with its high standards for safe, quality, compassionate care.”
The state sued Providence over its alleged policy of refusing to provide emergency abortion care if a fetal heartbeat is detectable. The lawsuit cited one patient, Anna Nusslock, whose water broke when she was 15 weeks pregnant with twins and who allegedly was unable to obtain emergency abortion care at the hospital because of the policy.
According to the allegations, Nusslock went to Providence in February with pain and severe bleeding and was diagnosed with Previable Premature Pre-labor Rupture of Membranes. The complaint alleges that doctors confirmed the twins would not survive and that continuing the pregnancy posed risks to Nusslock’s health, but the hospital refused to provide emergency abortion and instead discharged her with instructions to drive to a community hospital 12 miles away.
The hospital denies the allegations in the lawsuit, which remains ongoing.