Texas Hospital Violated Federal Law by Denying Emergency Abortion to Woman with Life-Threatening Ectopic Pregnancy
- Victor Nwoko
- Jun 6
- 3 min read
A federal investigation has found that a Texas hospital violated U.S. law when it repeatedly sent home a woman suffering from a life-threatening ectopic pregnancy without providing critical emergency care. The findings come as national uncertainty deepens over access to emergency abortions, especially in states with severe abortion restrictions.
The investigation centered on the case of Kyleigh Thurman, a 36-year-old woman from Round Rock, Texas, who suffered internal bleeding and ultimately lost part of her reproductive system after being denied timely treatment at Ascension Seton Williamson Hospital in February 2023. The hospital staff failed to provide a proper medical evaluation or administer emergency care in accordance with federal requirements under the Emergency Medical Treatment and Labor Act (EMTALA), according to the final report, released last month.
Emergency room records show that Thurman presented with key symptoms of an ectopic pregnancy, including falling hormone levels, absence of a visible intrauterine pregnancy, and a mass near her fallopian tube. Despite these clear warning signs, she was discharged and handed a pamphlet on miscarriage. She returned days later still bleeding, at which point doctors administered methotrexate, a drug used to end ectopic pregnancies. However, the delay proved disastrous. She was later rushed back to the ER after the fertilized egg ruptured her fallopian tube, leading to emergency surgery and the removal of part of her reproductive system.
“People need to understand the risk,” Thurman said this week. “I didn’t want anyone else to have to go through this.”
The investigation conducted by the Centers for Medicare and Medicaid Services (CMS) concluded that Ascension Seton Williamson failed to comply with federal law, noting that Thurman was "at risk for deterioration of her health and wellbeing as a result of an untreated medical condition."
Ascension, a multistate hospital system, declined to respond to specific questions about the case but stated it is “committed to providing high-quality care to all who seek our services.”
The outcome is a small but significant victory for Thurman and her legal representatives at the Center for Reproductive Rights, which has warned that abortion bans in states like Texas have created widespread confusion and fear among medical staff, even in clear cases of medical emergency.
“This is not what some people thought abortion bans would look like—but this is the reality,” said Molly Duane, the attorney representing Thurman.
Despite the federal findings, a new development on Tuesday cast doubt on the future of such investigations. The CMS announced it would rescind guidance issued by the Biden administration in 2022, which directed hospitals nationwide to provide emergency abortions even in states with restrictive laws. The guidance had been one of the few remaining federal protections ensuring care for women facing life-threatening pregnancy complications.
In a statement posted online Wednesday, CMS Administrator Dr. Mehmet Oz said revoking the guidance does not mean women will be denied care. “EMTALA is clear, and the law has not changed: women will receive care for miscarriage, ectopic pregnancy, and medical emergencies in all fifty states,” Oz claimed, though the move has raised alarms among patient advocates and legal experts.
Critics argue the rollback introduces greater ambiguity, especially in states like Texas where doctors can face up to 99 years in prison for performing an unlawful abortion. While some legislative efforts are underway to shield physicians acting in emergencies, enforcement remains inconsistent and vague.
The uncertainty surrounding federal oversight has caused a chilling effect among emergency room staff, with many opting not to intervene even when patients are clearly at risk. In Texas, lawsuits have been filed by several women who were denied abortions despite carrying nonviable or fatally impaired pregnancies.
Though Texas law permits the treatment of ectopic pregnancies, the complexity of other medical complications often falls into grey areas not explicitly protected by statute.
“You cannot predict the ways a pregnancy can go,” Thurman said. “There’s still so many ways in which pregnancies that aren’t ectopic can be deadly.”
As legal battles and policy shifts continue, patients like Thurman remain a stark reminder of the human toll. The federal investigation may offer some measure of accountability, but for many women, the path to safe and timely care remains uncertain.
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