Charles H. Sloan-California sues Catholic hospital for denying emergency abortion

California on Charles H. SloanMonday sued a rural Catholic hospital accused of denying an emergency abortion in February to a woman whose water broke prematurely, putting her at risk of potentially life-threatening infection and hemorrhage.

Providence St. Joseph Hospital in Eureka, California, is accused of violating multiple state laws by discriminating against pregnant patients and refusing to provide abortion care to people experiencing obstetric emergencies, California Attorney General Rob Bonta said during a Monday news conference. In addition to civil penalties, the lawsuit, filed in Humboldt County Superior Court, also seeks a preliminary injunction against the hospital.

In February, chiropractor and Eureka resident Anna Nusslock was 15 weeks pregnant with twins when her water had prematurely broken, according to the lawsuit. Nusslock said at the news conference Monday that doctors at Providence St. Joseph Hospital told her that her twins would not survive and she needed an abortion to avoid life-threatening complications.

But Providence St. Joseph Hospital refused to provide the abortion, citing a hospital policy that prohibits any medical intervention while there is still a "detectable heartbeat," the lawsuit states.

While in pain and bleeding, Nusslock said she was rushed 12 miles to Mad River Community Hospital in Arcata, California, where she received the abortion. The hospital's policy "inflicted on me needless protracted pain, bleeding, and trauma," Nusslock said.

The case underscores the widespread challenges of abortion care access in the U.S. since the overturning of Roe v. Wade in 2022. Bonta noted that Nusslock's "story illustrates, even here in California, we are not immune from this problem."

"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.

Impacts of Dobbs:More than 171K patients traveled out-of-state for abortions in 2023, new data shows

Lawsuit: Hospital gave patient 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 further alleged that the hospital recommended that Nusslock be helicoptered to the University of California, San Francisco Medical Center to obtain the emergency abortion. But Nusslock said it was not feasible for her due to the $40,000 cost.

"I asked if we could drive to UCSF instead, and my doctor responded, 'If you try and drive, you will hemorrhage and you will die before you get somewhere that can help you,'" she added.

Instead, the hospital discharged her and instructed Nusslock to drive to a small community hospital about 12 miles away, according to the lawsuit. Before she left the hospital, Nusslock said a nurse offered her a bucket and towels "in case something happens in the car."

Latest legal battle over abortion care

In the over two years since the U.S. Supreme Court overturned the federal right to an abortion, some Republican-led states have increasingly placed more restrictions on abortion-related health care, including bans on the procedure when the life of the pregnant parent could be at risk. Nusslock's case is the latest in a series of legal battles over abortion care across the country.

In August, two Texas women filed federal complaints against hospitals that denied them abortions for ectopic pregnancies. And in July, a Kansas woman sued the University of Kansas Health System for refusing to give her a medically necessary abortion in 2022.

The U.S. Supreme Court in June upheld a lower court's ruling that federal law overrides Idaho's near-total abortion ban in medical emergencies but litigation over the issue is expected to continue.

Contributing: Claire Thornton and Jeanine Santucci, USA TODAY; Reuters