A California court judge has rejected Providence St. Joseph Hospital’s attempt to dismiss a lawsuit alleging it unlawfully denied an emergency abortion to a woman with a life-threatening condition.
On May 5, Judge Timothy Canning of the Humboldt County Superior Court ruled that a lawsuit brought forth by Attorney General Rob Bonta can proceed, according to the Times-Standard. In October, Mr. Bonta’s office filed a lawsuit against the Eureka-based hospital, claiming the Catholic hospital violated multiple state laws by refusing to provide an abortion to a woman who was diagnosed with previable preterm premature rupture of membranes.
The lawsuit alleges physicians at the hospital acknowledged the patient’s pregnancy was no longer viable and posed risks to her health, though refused to perform an abortion due to hospital policy. The woman, Anna Nusslock, ultimately traveled to Mad River Community Hospital in Arcata, Calif., where she arrived hemorrhaging and was rushed to the operating room to have the second fetus removed.
In December, Providence St. Joseph filed a motion to dismiss the case, arguing that compelling religious hospitals to provide abortions would “substantially burden free exercise of religion.” It also argued the California Department of Public Health should be required to review violations of the state’s Emergency Services Law, rather than a court. The motion to dismiss the case largely focused on the hospital’s religious freedom, and did not dispute facts outlined in the lawsuit.
“There was no legal basis to dismiss our lawsuit against Providence, and we are grateful that the court agreed with us on every ground,” Mr. Bonta said in a May 8 statement on the court’s decision.
“California is committed to protecting reproductive rights and let me be clear: that includes emergency abortion care… Denying emergency abortion care to pregnant patients who need it is both traumatic and unlawful under multiple laws. My team and I look forward to seeing this case through and holding Providence accountable.”
In a statement to Becker’s, Renton, Wash.-based Providence emphasized its commitment to high-quality care and said it provides care in accordance with state and federal laws.
“We strongly disagree with the California Attorney General’s allegations against Providence St. Joseph Hospital Eureka. The denial issued by the judge simply means that the Attorney General may proceed with litigating their allegations as originally filed. The denial is not a judgment that Providence has been found liable for any of the Attorney General’s allegations. We are deeply committed to delivering care in accordance with federal and state law. This includes providing lifesaving medical interventions that may indirectly result in fetal death.
“As a Catholic healthcare organization, we are transparent that we do not perform elective abortions. However, in emergencies, our care teams provide medically necessary interventions to protect pregnant patients who are miscarrying or facing serious life-threatening conditions. This is consistent with the California Emergency Services Law and the Emergency Medical Treatment and Labor Act. It also is consistent with the Catholic Ethical and Religious Directives, which include discussion of the importance of the physician-patient relationship as well as the circumstances in which certain medical procedures that could result in fetal death may be allowed in a Catholic hospital.”
Providence also said it has enhanced training and escalation protocols at St. Joseph Hospital.
