Two women have requested an investigation by U.S. health authorities into Texas hospitals that allegedly denied them abortions for dangerous ectopic pregnancies, according to their lawyers on Monday. These cases spotlight ongoing uncertainty regarding emergency abortions in states where the procedure is largely banned.
The complaints, filed on August 6 with the U.S. Department of Health and Human Services (HHS), accuse Ascension Seton Williamson Hospital in Round Rock and Texas Health Arlington Memorial Hospital in Arlington of violating federal law by failing to treat emergency medical conditions. Marc Hearron, senior counsel at the Center for Reproductive Rights, representing the two women, stated that these are the first complaints regarding ectopic pregnancies of which he is aware.
An ectopic pregnancy occurs when a fertilized egg implants outside the uterus, typically in the fallopian tube. This type of pregnancy cannot result in a viable fetus and, if untreated, can cause the fallopian tube to rupture, leading to life-threatening bleeding.
Although Texas bans abortion in nearly all cases, it does allow the procedure for ectopic pregnancies. Despite this exception, Kyleigh Thurman alleges that Ascension Seton Williamson Hospital turned her away in February 2023, even after her doctor diagnosed her with an ectopic pregnancy. Thurman returned to the hospital three days later with ongoing bleeding and was given an injection to terminate the ectopic pregnancy, but by then it was too late. Her fallopian tube had ruptured, necessitating emergency surgery to remove it, potentially affecting her future fertility.
In a similar case, Kelsie Norris-De La Cruz alleges that Texas Health Arlington Memorial Hospital discharged her with an ectopic pregnancy. She was able to secure emergency surgery hours later after seeking a second opinion from another physician. However, by that time, her ectopic pregnancy was near rupture, and she also required the removal of a fallopian tube.
Both women claim that the hospitals violated the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law that mandates hospitals to stabilize patients presenting with emergency medical conditions or transfer them if necessary.
“These women are proof that exceptions do not make abortion bans less dangerous, even when they are exceedingly clear,” said Beth Brinkmann, Senior Director of U.S. Litigation at the Center for Reproductive Rights. “As long as these bans are in place, doctors will be terrified to provide abortions of any kind.”
The hospitals involved did not immediately respond to requests for comment.
While Texas’ abortion ban clearly makes an exception for ectopic pregnancies, the exception for other emergency medical conditions is less defined. In June, the state’s highest court declined to clarify this exception in response to a lawsuit filed by patients and doctors.
Texas is one of many Republican-led states that have enacted abortion bans with narrow medical exceptions following the Supreme Court’s 2022 decision to eliminate the nationwide right to abortion, which had been recognized since 1973. The potential conflict between these bans and EMTALA remains unresolved. In June, the Supreme Court upheld a lower court ruling that EMTALA overrides Idaho’s near-total abortion ban, but further litigation on this issue is expected.
Last month, a Kansas woman filed what appears to be the first federal lawsuit against a hospital for refusing to provide an emergency abortion.
The cases are Thurman v. Ascension Seton Williamson Hospital and Norris-De La Cruz v. Texas Health Arlington Memorial Hospital, filed with the U.S. Department of Health and Human Services.
