CA Sues Hospital For Allegedly Refusing To Perform Emergency Abortion
EUREKA, CA — California Attorney General Rob Bonta is accusing a Catholic hospital of denying emergency abortion care to a woman despite an "immediate" threat to her life and a nonviable pregnancy, the state announced Monday.
Bonta has filed a lawsuit against Providence St. Joseph Hospital in Eureka, Calif. The suit says the hospital violated state laws when doctors risked the woman's life by turning her away.
The case marks the first time the state has sued a hospital for violating laws relating to abortion care since Roe V. Wade was overturned.
Bonta learned about the situation after he was contacted by the patient, Anna Nusslock.
In February, Nusslock was 15 weeks pregnant with twins when her water broke prematurely. After arriving at Providence, bleeding severely and in pain, the doctor examined her and told her the twins would not survive. That diagnosis meant that she would need an abortion to avoid she was permanent harm or death from infection and hemorrhage.
Nusslock was told that Providence policy prohibited doctors from terminating a pregnancy if a fetus' heartbeat could still be detected, according to the suit. So, the hospital discharged her with advice to drive to a small community hospital nearly 12 miles away.
"On the way out the door, Providence handed Nusslock a bucket and towels 'in case something happens in the car,'" the lawsuit says.
"I needed an abortion so that my husband didn't lose both of his daughters and his wife in one night," Nusslock said at a news conference on Monday.
The hospital responded to the suit on Monday afternoon but said it couldn't comment on the matter.
" 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," the hospital said.
The suit is complex because it alleges violation of state laws and civil rights.
The complaint accuses Providence of violating the state's Emergency Services Law, the Unruh Civil Rights Act and the Unfair Competition Law. Bonta also says Providence's policy also discriminates against pregnant patients "as the hospital chooses the decision for them."
The state is urgently seeking an injunction to guarantee patients receive prompt emergency medical care including abortion care.
Bonta says this is critical because Mad River Community Hospital, where Nusslock got her abortion, is closing its labor and delivery unit in October. In a month, Providence will be the only hospital with a labor and delivery unit in all of Humboldt County.
While hospitals can opt out of some procedures for religious reasons, California law requires all hospitals to provide emergency abortion care.
"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 said. "At the California Department of Justice, we will use the full force of this office to hold accountable those who, like Providence, are breaking the law."
