Federal Investigation Finds Denial of Emergency Abortion Illegal: Hospitals Face Scrutiny

Findings:

A recent federal government investigation has found that it is illegal to deny a woman an emergency abortion if her life is at risk, under U.S. federal law. 

This first-of-its-kind investigation has highlighted the case of a patient who, after her water broke prematurely at 17 weeks, was refused an abortion by two hospitals despite the severe risk of serious infection and loss of her uterus. 

Even though the fetus would not survive, doctors at both facilities refused to perform the procedure as they could still detect a heartbeat.

The woman, a Missouri resident, ultimately had to travel to Illinois to get treatment at an abortion clinic. 

“Fortunately, this patient survived. But she never should have gone through the terrifying ordeal she experienced in the first place,” U.S. Health and Human Services Secretary Xavier Becerra emphasized.  

“We want her, and every patient out there like her, to know that we will do everything we can to protect their lives and health, and to investigate and enforce the law to the fullest extent of our legal authority, in accordance with orders from the courts.”

The federal law overrides state laws and mandates that doctors must provide an abortion when a woman’s life or health is at risk.  

Hospitals are struggling to balance the new state laws that ban or restrict abortion with the federal mandate, especially since the U.S. Supreme Court overturned the constitutional right to an abortion last year.  In some states, doctors could face criminal and civil penalties for performing an abortion. 

However, any hospital that receives Medicare and Medicaid funds can be investigated for violating federal law.

A medical emergency allowing abortion is defined as a condition in which a woman is at serious risk of a “substantial impairment of a major bodily function.”

“It was dehumanizing. It was terrifying. It was horrible not to get the care to save your life,” said the patient.  She spoke out with the hope that other women would not have to endure the same treatment.

Two hospitals, Freeman Health System in Joplin, Mo and University of Kansas Hospital in Kansas City, are under scrutiny for their role in the patient’s case.  

Know your rights:

This investigation serves as a reminder that denying a woman an emergency abortion is illegal and that the federal government will enforce the law to the full possible extent.   Patients should be aware of their rights and protection under the federal mandate.

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