Catholic hospital in California illegally denied emergency abortion, state attorney general says

SAN FRANCISCO — California's attorney general is suing a Catholic hospital, saying that Providence St. Joseph Hospital illegally denied emergency abortion care to a woman whose pregnancy was no longer viable after her water broke 15 weeks into carrying twins.

Attorney General Rob Bonta announced the lawsuit Monday, which was filed that day in Humboldt County Superior Court and details the case of Anna Nusslock. In February, Nusslock was 15 weeks into her pregnancy when her water broke and she was rushed to Providence in Eureka, where she lives.

According to the complaint, Nusslock was told by the doctor at the hospital that they could not provide an abortion “so long as one of Anna's twins had detectable heart tones, unless Anna's life was sufficiently at risk.” The doctor recommended she take a helicopter to the University of California, San Francisco for emergency services. But she doubted her insurance would cover the $40,000 cost of the ride.

She asked if she could drive to UCSF, and the doctor advised that if she drove 270 miles (435 kilometers) south, which is about five hours, to San Francisco she would “hemorrhage and die,” according to the complaint. Nussbaum was discharged to Mad River Community Hospital 12 miles (19 kilometers) away, where she received the abortion at a labor and delivery unit that is scheduled to close this month, according to Bonta's office.

“They broke the law, and we are taking action to make sure they never do it again,” Bonta said at a news conference.

A spokesperson for Providence Hospital, the hospital’s parent company, said in a statement that it was reviewing the complaint.

“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,” according to the statement.

Bonta's lawsuit states that California's Emergency Services Law prohibits “the kind of patient dumping (Nusslock) experienced and requires all licensed health facilities” with an emergency department provide emergency care to those who need it. The lawsuit alleges violations of state civil rights and unfair competition laws.