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Yo_Mama_Been_Loggin

(108,033 posts)
Thu Nov 3, 2022, 03:35 PM Nov 2022

Hospital Investigated for Allegedly Denying an Emergency Abortion After Patient's Water Broke

The federal government has launched its first confirmed investigation of an alleged denial of an abortion to a woman experiencing a medical emergency.

In late October, the Missouri Department of Health and Senior Services opened an investigation at Freeman Hospital West in Joplin, Missouri, under the federal Emergency Medical Treatment and Labor Act, department spokesperson Lisa Cox told KHN. It was authorized by the federal Centers for Medicare & Medicaid Services, which contracts with state agencies to conduct EMTALA surveys.

The case involves a woman whose water broke early in her pregnancy, but the hospital refused to let doctors perform an abortion. She eventually sought medical help outside the state.

The Biden administration in July had reminded hospitals and physicians in the 13 states that have outlawed most abortions that federal law requires them to provide life- or health-saving medical services — including abortion, if necessary — to patients experiencing emergency pregnancy complications.

https://khn.org/news/article/emtala-missouri-hospital-investigated-emergency-abortion/

15 replies = new reply since forum marked as read
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Hospital Investigated for Allegedly Denying an Emergency Abortion After Patient's Water Broke (Original Post) Yo_Mama_Been_Loggin Nov 2022 OP
Women & their families need to start suing hospitals/doctors for medical malpractice. Class action scarletlib Nov 2022 #1
I don't know if that will work. onecaliberal Nov 2022 #2
Is the $250,000 limit for p&s? wryter2000 Nov 2022 #5
100%!! intheflow Nov 2022 #3
A lot of Red States passed laws to limit malpractice lawsuits.... TheRealNorth Nov 2022 #4
EMTALA is different from malpractice wryter2000 Nov 2022 #6
Well, the "death panels" are here. And it's the FUCKING GOP. Anyone surprised? Evolve Dammit Nov 2022 #7
Well, The GOP did invent the concept of "Death Panels" LiberalArkie Nov 2022 #10
exactly. Evolve Dammit Nov 2022 #13
Pious patriarchs don't care how INSANE this is Warpy Nov 2022 #8
I don't even think they would have been so stupid and callous in the 13th century. patphil Nov 2022 #11
Patriarchal churchmen had their hair shirts in knots over it Warpy Nov 2022 #14
Reminding isn't enough, Mr. President. calimary Nov 2022 #9
I like it, should be much more like this being done republianmushroom Nov 2022 #12
Here we go. paleotn Nov 2022 #15

scarletlib

(3,412 posts)
1. Women & their families need to start suing hospitals/doctors for medical malpractice. Class action
Thu Nov 3, 2022, 03:39 PM
Nov 2022

If it can be done. Make them pay.

onecaliberal

(32,863 posts)
2. I don't know if that will work.
Thu Nov 3, 2022, 03:44 PM
Nov 2022

A doctor nearly killed my husband by sending him home when he was having a massive stroke. No attorney would take us for under 75,000 retainer, even though they all said it was clear malpractice.
Also California only awards 250,000.00 because it’s capped. There was no point. We gave up. We lost a 6 figure salary as he cannot work any longer. Fucked us all the way around.

wryter2000

(46,051 posts)
5. Is the $250,000 limit for p&s?
Thu Nov 3, 2022, 04:03 PM
Nov 2022

I think actual damages can go higher.

You're right about how hard it is to get an atty for medical malpractice, at least in CA. I know of a case outside of Sacto where bad over the phone medical advice caused someone's death. I worked in the legal department of a hospital and thought I knew something about such things. I was astonished the family couldn't find an atty for that.

Just out of curiosity, did you try approaching the hospital directly about the issue and maybe mention EMTALA to them? They might have been willing to settle. We did often.

So sorry this happened to you. It's a crime.

intheflow

(28,476 posts)
3. 100%!!
Thu Nov 3, 2022, 03:46 PM
Nov 2022

When hospitals start losing money because they're sued for not providing emergency healthcare, they - and their insurers - will work like hell to make sure the trend is reversed.

TheRealNorth

(9,481 posts)
4. A lot of Red States passed laws to limit malpractice lawsuits....
Thu Nov 3, 2022, 03:51 PM
Nov 2022

All in the name of "keeping medical costs low". So now, there is really no incentive for lawyers to take these unless they are slam dunks or the victim can foot the legal bill.

wryter2000

(46,051 posts)
6. EMTALA is different from malpractice
Thu Nov 3, 2022, 04:04 PM
Nov 2022

IMHO, hospitals are being overly cautious. When that costs them, they may change their tune.

Warpy

(111,273 posts)
8. Pious patriarchs don't care how INSANE this is
Thu Nov 3, 2022, 05:18 PM
Nov 2022

They honestly think it's our duty to die in childbirth, even though our death and occasionally the death of the fetus might have been preventable by MODERN medicine.

These assholes are stuck in the 13th century.

There is NO WAY this woman should have been refused treatment. Sepsis and death are the outcomes when the amniotic sac is breached unless the pregnancy is terminated quickly, either by abortion early in the pregnancy or by a premature birth when the fetus is at or over 24 weeks gestation. Withholding care is attempted murder of the woman and her fetus.

patphil

(6,182 posts)
11. I don't even think they would have been so stupid and callous in the 13th century.
Thu Nov 3, 2022, 05:30 PM
Nov 2022

Throughout history abortions were performed as needed, and often as desired.

Warpy

(111,273 posts)
14. Patriarchal churchmen had their hair shirts in knots over it
Thu Nov 3, 2022, 06:36 PM
Nov 2022

and the RCC was still teaching that crap when I was in school.

Midwives were the ones providing care to women. Doctors didn't come in for anyone but royalty until about the 18th century, when they were remarkably efficient at killing women even when the birth had gone well, which mightily pleased the patriarchal churchmen.

They didn't stop killing women until the cretins learned to wash their filthy hands. They only had obstetric practices because the forceps had been invented and males refused to allow midwives access to the technology.

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