Two Midwest hospitals illegally denied an abortion to a woman in serious danger of death due to premature labor.
In light of the Supreme Court’s June 2018 decision to eliminate federal protections for abortion access, hospital administrators were concerned that terminating the employee might put them at legal risk.
Missouri Abortion Laws
After Ms. Farmer’s waters broke at 18 weeks pregnant, she was denied an emergency abortion in both Missouri and Kansas on the grounds that the fetus was no longer viable.
Infection, bleeding, and even death were all possibilities, but doctors said they couldn’t treat her because they could still hear the embryonic heartbeat.
After Roe v. Wade, which had protected the right to abortion under the Constitution for nearly half a century, was overturned by the Supreme Court last year, healthcare providers have found themselves navigating a confusing patchwork of state termination laws.
Except in extreme circumstances, such as when a woman’s life or health is in danger, abortion is illegal in the state of Missouri.
Abortions are legal in Kansas up to 22 weeks gestation, but pro-choice advocates say doctors are reluctant to provide abortion services out of ignorance and fear.
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What are the Implications of a Guilty Verdict?
Freeman Hospital West in Joplin, Missouri, is under investigation by the Missouri Department of Health and Senior Services due to the allegations.
If HHS planned to take action against the hospitals, it did not say so.
Medical centers risk losing their Medicare Provider Agreement or being penalized for wrongdoing.
In addition, for each infraction, hospitals might be fined up to $100,000. They could face legal litigation from aggrieved patients as well.
The Emergency Medical Treatment and Labor Act (EMTALA) was created by Congress in 1986 to guarantee public access to emergency treatments; this is the first time HHS has investigated potential violations of this law by hospitals that refuse to provide abortions.
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