A California woman is suing Dignity Health, alleging two hospitals denied her emergency abortion services due to their Catholic directives, violating state law and putting her life in danger.
During two separate pregnancies, Rachel Harrison’s water broke at just 17 weeks — a condition that can cause deadly complications. An abortion is typically the course of action recommended by doctors, but on both occasions staff members at Dignity Health hospitals refused to act because they detected a fetal heartbeat, the lawsuit alleges.
The second time it happened, Harrison experienced life-threatening sepsis and had to travel to a hospital outside her insurance network to receive a blood transfusion, the complaint states.
Harrison, 30, and her partner Marcell Johnson filed a lawsuit against Dignity Health in San Francisco Superior Court on Friday. The claim, first reported by Courthouse News Service, alleges that subsidiaries Mercy San Juan Medical Center and Mercy General Hospital refused to provide her emergency abortion care for religious reasons.
The 24 Catholic hospitals within the Dignity Health network follow a set of “Ethical and Religious Directives for Catholic Health Services,” which caused Harrison to be turned away from an emergency room during the loss of a high-risk pregnancy, the complaint alleges.
“While publicly touting their hospitals’ qualifications as reliable emergency services centers, Dignity Health prioritized its own religious directives over the best interests of Rachel’s health and well-being,” the lawsuit alleges.
Last September the state filed a similar lawsuit against a Catholic hospital in Eureka after a woman whose water broke at 15 weeks was denied an emergency abortion. That hospital then agreed to provide emergency abortions in cases where a woman’s health is at risk.
A spokesperson for Dignity Health did not comment on the specific allegations contained in Harrison’s lawsuit.
“When a pregnant woman’s health is at risk, appropriate emergency care is provided,” the spokesperson said in a statement. “The well-being of our patients is the central mission for our dedicated caregivers.”
On Sept. 13, 2024, according to Harrison‘s lawsuit, she experienced a condition called previable preterm premature rupture of the membranes, or previable PPROM, when her water broke at just 17 weeks of pregnancy.
This condition is fatal for the fetus and dangerous for the mother.
According to the American College of Obstetricians and Gynecologists, the standard of care is to inform the patient that the pregnancy is not viable and recommend termination as the safest option to reduce maternal risk. Miscarrying the fetus naturally comes with higher risk of infection and blood loss, both of which can lead to permanent loss of reproductive function or even death.
Last September, Harrison traveled to Mercy San Juan Medical Center in Carmichael for emergency care, but doctors did not recommend an abortion, the complaint alleges.
“Instead, Rachel was told that because of the hospital’s Catholic affiliation, there was nothing more the hospital could do for her,” the complaint states. “Confused and distressed, Rachel was discharged and left to complete a high-risk miscarriage of a fetus ‘the size of an avocado’ — as she was told by the physician’s assistant — at home, on her own, and without medical supervision.”
She went to a Kaiser hospital the following morning and received emergency care, the lawsuit says.
Last December, Harrison was thrilled to learn that she was pregnant again, but then “her worst nightmare” repeated itself. At 17 weeks pregnant, she once again experienced previable PPROM, the complaint states.
Her insurance only covers OB/GYN care within the Dignity Health network, so she went to Mercy General Hospital in Sacramento.
In a repeat of her past experience, her lawsuit alleges, staff members told her they could not provide the care she sought due to the fetal heartbeat. She was able to access care at another hospital, her complaint says, but experienced sepsis and heavy blood loss in the process.
The lawsuit alleges that the denials violated California’s Emergency Services Law, which requires hospitals operating a licensed emergency room to treat patients suffering from emergency medical conditions, including previable PPROM.
Harrison also alleges that Dignity Health violated the Unruh Civil Rights Act, California Unlawful Competition Law and her right to privacy under the California Constitution.
Harrison and her partner are seeking an order requiring Dignity Health hospitals to provide emergency abortions in a manner compliant with state law, as well as compensatory and punitive damages.
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