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Hospital sued in California

By: Emery Curtis

Graphics Editor

Despite living in California, a state with strong protection towards abortion rights, Doctor Anna Nusslock was shocked upon hearing the news that her request for an abortion had been denied. This past winter, in February 2024, Nusslock headed to the nearest emergency room, Providence St Joseph Hospital in Humboldt County, after her water broke only 15 weeks into her pregnancy. Doctors informed her that one of the twins she was carrying would not survive. If the pregnancy was not terminated, she could face infection, hemorrhaging, and threats to her future fertility. 

A doctor at the Catholic hospital denied her the abortion because there were detectable heart tones in the fetuses. The hospital claimed that it prohibits abortions unless the patient’s life is in danger. Her husband rushed her to another hospital where she expelled one fetus and aborted the other. “I thought I would be safe here from things like this, from people taking away choices from me and leaving me in danger,” Dr. Nusslock said in an interview with the New York Times. 

On Monday, September 29th, a lawsuit filed against the company that operates Providence St. Joseph Hospital, claimed they violated a California law requiring hospitals with emergency rooms to provide care to prevent not only death but “serious injury or illness.” The hospital recently released a statement about these charges, stating, “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 following state and federal law. We are heartbroken over Dr. Nusslock’s experience earlier this year.”

California’s attorney general, Rob Bonta, stated that even though California is a pro-choice state, cases like Dr. Nusslock’s can still happen: “Even in California, a place that is very strongly pro-choice,”. Bonta says he believes this to be the first lawsuit California has filed against a hospital under the Emergency Services Law, which states that hospitals have to provide care “necessary to relieve or eliminate the emergency medical condition.”

Providence St Joseph Hospital may protest a change to policies as it would go against their religious beliefs, but the state argues that the law ensures equal access to medical care and outweighs religious convictions. 

Nusslock had experienced many failed pregnancies in the past, which made the procedure a lot more difficult and dangerous for her. Leading up to the 15-week point of her pregnancy, she shared, “I began experiencing severe cramping, pain, and bleeding.” Her medical records show she was diagnosed with pre-viable preterm premature rupture of membrane. This type of rupture can quickly lead to infection, and it is a complication where abortion is a standard treatment. One of the specialists at the hospital told Nusslock that not terminating the pregnancy would likely cause serious risks to her health. However, the Providence doctor wrote that because of hospital policy, “I cannot offer” pregnancy termination “while the fetuses have a heart rate.” The doctor then suggested she be transferred by helicopter to U.C.S.F. which would cost Nusslock $40,000, which her insurance would not cover. Nusslock and her husband drove to Mad River’s hospital 20 minutes away while Dr. Nusslock was actively hemorrhaging and lost vastly more blood than expected during the surgical procedure later performed. The doctor reported th  at she has treated other patients denied abortions by Providence St Joseph Hospital before. She also added that Mad River’s labor and delivery unit was closing soon. This would make options in the area even scarcer.

Recovered physically, Nusslock shared that the strain has caused insomnia and hair loss. “This experience deeply traumatized me, and I have been dealing with tremendous anxiety, grief, and depression ever since,” she wrote.

(Sources: CNN, NYT, The Guardian)

 

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