Golden State Today

California Attorney General Rob Bonta has filed a lawsuit against Providence St. Joseph Hospital in Eureka, California, alleging the hospital violated multiple state laws by refusing to provide emergency abortion care to patients experiencing obstetric emergencies. The lawsuit was filed in Humboldt County Superior Court.

The complaint highlights the case of Anna Nusslock, who was 15 weeks pregnant with twins when her water broke on February 23, 2024. Despite the immediate threat to her life and health, Providence refused to treat her because their policy prohibits providing abortion care as long as one of the fetuses has a detectable heartbeat. Nusslock had to travel 12 miles to Mad River Community Hospital while hemorrhaging.

Attorney General Bonta stated, “California is the beacon of hope for so many Americans across this country trying to access abortion services since the Dobbs decision. 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.” He emphasized that "abortion care is healthcare" and affirmed his commitment to holding accountable those who break the law.

Providence’s policy prevents doctors from providing life-saving or stabilizing emergency treatment if it would terminate a pregnancy, even when the pregnancy is not viable. This practice allegedly violates California's Emergency Services Law (analogous to the federal EMTALA statute), the Unruh Civil Rights Act, and the Unfair Competition Law.

The Attorney General also moved for a preliminary injunction to ensure timely emergency healthcare services at Providence. This action is critical as Mad River Community Hospital will close its labor and delivery unit in October, leaving Providence as the only hospital with such a unit in Humboldt County.

Bonta's lawsuit aims to enforce emergency abortion care rights under California law amidst uncertain federal protections under EMTALA. Following the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization and its subsequent ruling in Idaho v. U.S., which left EMTALA's requirements ambiguous regarding necessary abortion care during medical emergencies, states like California must rely on their own laws for protection.

For more information on reproductive healthcare resources or if you were denied necessary emergency medical care, visit https://oag.ca.gov/reprorights or contact abortion.access@doj.ca.gov.

###