In a pivotal legal battle, a Kansas woman has filed a lawsuit against the University of Kansas Health System, accusing the hospital of refusing her a medically necessary abortion in 2022. The lawsuit, which could set a significant precedent, alleges that the hospital violated federal law by denying treatment despite the patient’s critical condition.
Mylissa Farmer sought medical help on August 2, 2022, after experiencing a premature rupture of membranes at around 18 weeks of pregnancy—a condition that rendered the pregnancy non-viable and posed severe health risks. According to the lawsuit, the hospital refused to provide the necessary abortion, despite having done so for another patient in similar circumstances weeks earlier.
Farmer claims that the hospital’s refusal was influenced by the charged political climate surrounding a state referendum on abortion rights held the same day. Although the right to abortion in Kansas was ultimately upheld, Farmer had to travel to Illinois to receive the care she needed. The experience has left her with ongoing physical and emotional harm, as detailed in the lawsuit.
The case centers on the interpretation of the Emergency Medical Treatment and Labor Act (EMTALA), which mandates hospitals to stabilize patients facing emergency medical conditions. The lawsuit also cites a Kansas anti-discrimination law, and Farmer is seeking unspecified damages.
This lawsuit marks a significant moment in the ongoing debate over the extent of EMTALA’s protections in light of recent Supreme Court decisions and restrictive state laws on abortion. The outcome could have far-reaching implications for how hospitals navigate the complex landscape of reproductive health care in the United States.