Pregnant Women in Labor or Bleeding Turned Away from ERs Despite Law

An analysis by the Associated Press of federal hospital investigations reveals that over 100 pregnant women in medical distress were either turned away or received negligent care in emergency rooms since 2021.

Kyleigh Thurman, who was bleeding and in severe pain, was unaware that her failing pregnancy posed a life-threatening risk. In February 2023, medical staff at Ascension Seton Williamson in Texas discharged her after providing a pamphlet detailing miscarriage, advising her to “let nature take its course.” This decision left her untreated for her ectopic pregnancy.

Three days later, Thurman returned to the emergency room, still bleeding. Doctors then agreed to administer an injection to terminate the pregnancy, but by that point, the situation had already worsened. The fertilized egg had started to rupture her fallopian tube, causing irreparable damage to her reproductive system.

A complaint was filed last week by Thurman and the Center for Reproductive Rights, seeking a government investigation into the hospital’s apparent violation of federal law for failing to provide her adequate care.

Commenting on her experience, Thurman expressed her sense of abandonment: “I was left to flail. It was nothing short of being misled.”

Despite the Biden administration’s clear warnings to hospitals about treating pregnant patients in emergencies, violations of federal law continue. Reports of inadequate treatment for women emerged following the Supreme Court’s 2022 decision to overturn the longstanding constitutional right to abortion.

The Associated Press’s extensive review disclosed that over 100 pregnant women sought emergency care but were either denied help or received negligent treatment. In some troubling instances, one woman in Florida and another in Texas were forced to miscarry in public restrooms. An Arkansas patient went into septic shock after being sent home from an emergency room, resulting in the loss of her fetus. Additionally, several women with ectopic pregnancies encountered severe delays in receiving appropriate treatment, including a California woman who required a blood transfusion after waiting for nine hours in an emergency department.

The White House has emphasized that hospitals must provide necessary abortions to protect women’s health, even in states that enforce stringent bans. However, the state of Texas is contesting these federal guidelines, and the Supreme Court has thus far avoided a ruling on the matter.

The harsh reality is that doctors in Texas could face years in prison for performing illegal abortions, complicating critical decision-making about emergency pregnancy care. While state law technically differentiates termination of ectopic pregnancies from abortion, the stringent penalties incite fear among healthcare providers, consequently impacting patient care.

Marc Hearron, an attorney with the Center for Reproductive Rights, highlighted the tension between state law and federal regulations: “As fearful as hospitals and doctors are of running afoul of these state abortion bans, they also need to be concerned about running afoul of federal law.” Hospitals risk federal investigations, hefty penalties, and potentially losing their Medicare funding for violations.

The Center for Reproductive Rights recently filed two complaints with the Centers for Medicare and Medicaid Services, pointing out cases where emergency rooms in Texas failed to treat patients, including Thurman.

Another complainant, Kelsie Norris-De La Cruz, 25, suffered the loss of a fallopian tube and a significant portion of an ovary after being discharged without appropriate treatment for her ectopic pregnancy, despite a doctor’s warning that discharging her was “not in her best interest.” She stated, “I’m filing this complaint because women like me deserve justice and accountability from those that hurt us.”

Diagnosing ectopic pregnancies can often be challenging as doctors may not always identify the pregnancy’s location on an ultrasound. Factors like hormone levels, positive pregnancy tests, and other medical indicators can all point toward an ectopic pregnancy, but conclusive diagnosis is elusive.

John Seago, director of Texas Right to Life, argued that the state’s law offers protection to doctors who terminate ectopic pregnancies, even in the event of a diagnostic error. However, Dr. Hannah Gordon, an emergency medicine physician who worked in Texas before moving, stated that the law has instilled fear in medical professionals to the point of riskier practices. She recalled an incident where a patient showing signs of an ectopic pregnancy was sent home because OB-GYNs were unable to make a definitive diagnosis.

In Thurman’s case, when she returned to the emergency department, her OB-GYN informed her that surgery to remove the ruptured fallopian tube was necessary. Despite her fears about fertility, her life was in jeopardy.

Thurman recounted the moment her doctor laid it all out: “You either have to have a blood transfusion, or you’re going to have to have surgery or you’re going to bleed out.” It was at that moment she realized the gravity of her situation, saying, “Oh my God, I’m dying.”

Although Ascension Seton Williamson declined to comment on Thurman’s case, they released a statement affirming their dedication to providing quality care to all patients.

In Florida, another pregnant woman faced dire circumstances in an emergency room. After leaking amniotic fluid for an hour, she was assessed without receiving adequate care and ended up miscarrying in a public bathroom, only to be rushed to another hospital where she required intensive treatment.

As the investigation continues, it becomes increasingly apparent that severe violations affecting both maternal and fetal health are not confined to states with abortion bans. Hospitals across different states have faced precedents for negligence regarding pregnant patients, indicating a widespread issue rooted in insufficient staffing and increased regulatory complexities.

Dara Kass, a former U.S. Health and Human Services official, warned that the current climate in emergency care has made seeking help more perilous for pregnant women: “It is increasingly less safe to be pregnant and seeking emergency care in an emergency department.”

Source: Associated Press