Texas women take on Texas hospitals after being refused emergency abortion care

Austin, Texas - Two Texas women filed federal complaints saying two hospitals denied them emergency abortion care, causing both to lose fallopian tubes and endangering their future fertility.

Two Texas women have filed a complaint against Texas hospitals after they were denied emergency abortion care.
Two Texas women have filed a complaint against Texas hospitals after they were denied emergency abortion care.  © 123rf/leekris

The Center for Reproductive Rights on Monday filed federal complaints on behalf of Kyleigh Thurman and Kelsie Norris-De La Cruz, asking the US Department of Health and Human Services to investigate Ascension Seton Williamson and Texas Health Arlington Memorial Hospital for violations of the Emergency Medical Treatment and Act Labor Act (EMTALA).

The complaint alleges the hospitals denied Norris-De La Cruz and Thurman treatment for ectopic pregnancies.

Ectopic pregnancies, which are the leading cause of maternal mortality during the first trimester, occur when a fertilized egg grows outside the uterus.

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EMTALA requires hospitals to provide "stabilizing care" to patients facing emergency medical conditions, which in cases like these means offering abortion care.

Texas has some of the most restrictive anti-abortion laws in the nation, but state law allows doctors to terminate ectopic pregnancies. Still, punitive clauses for health providers have led to fear and confusion in the medical community.

Texas Women lost fallopian tubes

These Texas women aren't the first to challenge the state's restrictive abortion bans. In 2023, the Center for Reproductive rights asked for clarity in Texas law as to when abortions can be provided under the medical emergency exception.
These Texas women aren't the first to challenge the state's restrictive abortion bans. In 2023, the Center for Reproductive rights asked for clarity in Texas law as to when abortions can be provided under the medical emergency exception.  © IMAGO / USA TODAY Network

Kyleigh Thurman and Kelsie Norris-De La Cruz say they were denied abortion care, which led to emergency surgeries in which they both lost fallopian tubes and thus endangered their future fertility.

"The doctors knew I needed an abortion, but these bans are making it nearly impossible to get basic emergency health care," Norris-De La Cruz said, as USA TODAY reported. She continued, "So, I’m filing this complaint because women like me deserve justice and accountability from those that hurt us. Texas state officials can't keep ignoring us."

"For weeks, I was in and out of emergency rooms trying to get the abortion that I needed to save my future fertility and life," Kyleigh Thurman said in a statement Monday.

Beth Brinkmann, the senior litigation director for the Center for Reproductive Rights, asked: "How many more people will nearly die before we see change? It’s impossible to have the best interest of your patient in mind when you’re staring down a life sentence."

Cover photo: 123rf/leekris

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