A Texas woman alleges she nearly died after being turned away by two hospitals while experiencing a miscarriage, leading to a severe infection, according to a federal complaint. Lynn Callaway said she was denied treatment for several days, during which she experienced agonizing pain, chills, fever, and significant blood loss.
Callaway's experience highlights concerns that women in states with strict abortion bans are being denied necessary medical care for miscarriages, even when their health is at risk. In Texas, which has one of the nation's most restrictive abortion bans, the standard protocol for early pregnancy loss often involves sending patients home to allow the miscarriage to conclude naturally, a method that can lead to dangerous complications.
Callaway sought care at two hospitals over a 72-hour period but was discharged by both. She reported that one hospital's nurse stated her condition was "not necessarily limb or life threatening." Callaway's lawsuit claims these hospitals violated the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law requiring hospitals to provide stabilizing treatment for medical emergencies, including abortions when necessary. "There is a myth that miscarriage care, ectopic pregnancy care, care for severe cases of obstetrical complications, that that [care] is still happening and it’s just not," said Molly Duane, Callaway's attorney.
Despite Texas passing The Life of the Mother Act earlier in the year, intended to clarify when physicians can provide life-saving care during a miscarriage, Callaway's case suggests that confusion and fear persist among medical providers. The state's abortion ban carries severe penalties for doctors, including license revocation, fines, and lengthy prison sentences, which may contribute to their reluctance to offer care that could be construed as an abortion.
Callaway's OB-GYN eventually prescribed antibiotics and medication to complete the miscarriage after she developed an infection. The OB-GYN explained that emergency room doctors often require a high degree of certainty that a miscarriage is occurring before offering such treatment. Callaway's attorneys note that if a patient cannot access care in a major city like Austin, it raises concerns about access in more remote areas of Texas.
Texas Attorney General Ken Paxton has previously sued the Biden administration, challenging EMTALA's application in the state due to its abortion ban. While legal challenges to emergency abortion care requirements are ongoing, Callaway's experience illustrates the potential consequences for pregnant individuals seeking critical medical attention in states with restrictive abortion laws.