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California sues Eureka hospital for not providing emergency abortion

California Attorney General Rob Bonta, left, speaks during a news conference in Sacramento, Calif., on Monday, May 1, 2023.
Adam Beam
/
AP Photo
California Attorney General Rob Bonta, left, speaks during a news conference in Sacramento, Calif., on Monday, May 1, 2023.

California’s attorney general announced lawsuits against Providence St. Joseph Hospital for refusing to provide emergency medical care earlier this year.

At a California Department of Justice press conference on Monday, Anna Nusslock described going to Providence St. Joseph Hospital in February after her water broke while she was only 15 weeks pregnant.

She said doctors told her that her unborn twins wouldn’t survive such a premature birth and that she risked infection and possible death from hemorrhage. But the hospital refused to perform an emergency abortion.

The state claims that refusal was due to a policy at the Catholic-affiliated hospital which prevents doctors from performing emergency abortions if they can detect a fetus’ heartbeat, which they could in Nusslock’s case.

According to the state’s lawsuit, when Nusslock asked whether she should drive to San Francisco for medical treatment, a doctor replied, “If you try to drive, you will hemorrhage and die before you get to a place that can help you.” The hospital discharged her, with a bucket and towels “in case something happens in the car,” with instructions to drive to Mad River Community Hospital in Arcata.

“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,” California Attorney General Rob Bonta said in a statement.

Bonta’s lawsuits claim Providence St. Joseph broke multiple state laws, including California’s Emergency Services Law, which requires hospitals to treat patients with emergency medical conditions.

The state has also filed an injunction in an attempt to force the hospital to perform abortions in cases like Nusslock’s.

“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,” said Providence director of communications Bryan Kawasaki in a statement. “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.”

Mad River Community Hospital, where Nusslock eventually received an emergency abortion, will close its labor and delivery unit next month. That will leave Providence St. Joseph as the only hospital with a labor and delivery unit in Humboldt County.

Justin Higginbottom is a regional reporter for Jefferson Public Radio. He's worked in print and radio journalism in Utah as well as abroad with stints in Southeast Asia and the Middle East. He spent a year reporting on the Myanmar civil war and has contributed to NPR, CNBC and Deutsche Welle (Germany’s public media organization).