The federal government has launched its first investigation into a hospital after a woman was denied an abortion – despite a medical emergency.
Mylissa Farmer, 41, was 18 weeks pregnant when her waters ruptured, putting her at risk of life-threatening complications – but the hospital refused to perform an abortion even though her “baby died inside her”.
The Missouri Department of Health confirmed to local media that they are investigating Freeman Hospital West in Joplin, Missouri.
The investigation was initiated under the Federal Emergency Medical Treatment and Labor Act and approved by the Federal Centers for Medicare and Medicaid Services.
President Biden reminded hospital doctors in July that federal law requires health care providers to provide life-saving or health-saving medical services to patients with pregnancy complications.
The warning was issued to the 13 states that have banned most abortions, adding that the law requires them to carry out the treatments under those conditions if necessary.
Under the EMTALA Act of 1986, hospitals and doctors are required to provide screening and stabilizing treatment in emergency situations — even if the state has laws prohibiting abortions.
Missouri is one of the states that quickly reinstated abortion bans after the Supreme Court overthrew Roe. v Wade earlier this year.
Mylissa Farmer, 41, had a ruptured membrane early in her pregnancy, putting her in a life-threatening situation, but the hospital refused to perform an abortion due to state law
Republican Attorney General Eric Schmitt, following the overthrow of Roe v. Wade earlier this year pushed through legislation banning abortion in the state
Hospitals and physicians who fail to comply with the federal mandate could face civil fines and termination of Medicare and Medicaid programs.
Situations that require them to perform an abortion include ectopic pregnancies, severe spikes in blood pressure known as preeclampsia, and premature rupture of membranes, which causes a woman’s waters to rupture before her pregnancy is viable, leading to serious infections lead and threaten their lives.
Farmer went to Freeman Hospital on August 2 after her waters broke out nearly 18 weeks into her pregnancy and she suffered from bleeding and cramping.
She and boyfriend Matthew McNeill had already decided on a name for their daughter Maeve when they were told their chances of survival at 17 weeks and days were zero.
Doctors recommended terminating the pregnancy as she was not viable and she had lost amniotic fluid, meaning she was at risk of serious infection.
The hospital said they couldn’t offer her an abortion because it was 39 days after Missouri banned the procedure – although they were able to offer the couple a chance to say goodbye to their daughter the year before.
Forced to make a series of trips across three states to obtain an abortion, the couple wanted to be able to mourn the loss of their daughter – with Farmer saying she was left with a “dying baby”.
Farmer eventually got an appointment at the Hope Clinic for Women across the state in Granite City, Illinois, where she went into labor and received a termination procedure on August 6th
Farmer appeared in a political ad for Democratic candidate Trudy Busch Valentine, a registered nurse, and criticized current Republican Attorney General Eric Schmitt for her experience
Hospitals and physicians who fail to comply with the federal mandate could face civil fines and termination of Medicare and Medicaid programs
She eventually got an appointment at the Hope Clinic for Women across the state in Granite City, Illinois, where she went into labor and received a termination procedure on August 6th.
Speaking to the Springfied News leader, she said: “I know it sounds awful but we just wanted to end the process.
“My doctors said it was an emergency and I felt it was an emergency. It was hard. You could tell the doctors were trying to tell us what to do but at the same time trying to protect themselves. We are not angry with them.
“They said because I lost all my amniotic fluid my uterus would deform our baby and if we could carry another 6 weeks it would come out deformed.
“Her lungs would not be more developed than they were at 17 weeks because I think the amniotic fluid helps lung development.
“If she did develop, she would come out deformed and with severe breathing difficulties, and she would be on a ventilator for a very long time.”
Farmer went to Freeman Hospital on August 2 after her waters broke out nearly 18 weeks into her pregnancy and she suffered from bleeding and cramping
Farmer claimed Schmitt was “too extreme” and said that he “don’t care about women like me.”
Doctors could only intervene if their vital signs dropped or an infection set in, or if the fetus’s heart stopped working.
Farmer confirmed that she was contacted and questioned about the EMTALA investigation in October.
She contacted her State Senator, Bill White, to explain her situation and was told Attorney General Eric Schmitt would be contacted.
The Missouri investigation could provoke a new legal showdown between the Biden administration and pro-choice Republican elected officials.
A Texas federal judge issued an injunction in August, saying the guidance was “unauthorized” and went beyond EMTALA, which federal officials have appealed.
A federal judge from Idaho sided with the Biden administration, and officials urged him to reconsider his decision.
Farmer appeared in a political ad for Democratic candidate Trudy Busch Valentine, a registered nurse, and criticized current Republican Attorney General Eric Schmitt for her experience.
has reached out to Freeman Hospital West in Joplin, Missouri, about the allegations
Hillary Clinton also got involved in the dispute, but falsely claimed that the state was investigating farmers
Farmer confirmed that she was contacted and questioned about the EMTALA investigation in October
She said: “When my waters broke at 17.5 weeks, I found out I was going to lose my daughter and my doctors in Missouri couldn’t give me the care I needed.
‘All because of the mandate Eric Schmidt put in place. Eric Schmidt doesn’t care that women like me impose a mandate that has no exceptions for rape, incest or maternal health.
“It could even put women and doctors in jail. It’s just too extreme.’
Local reports claim Schmitt’s campaign lawyers sent letters demanding the ad be removed because it was inaccurate that women could go to jail for having an abortion.
Hillary Clinton also chimed in by tweeting a news link to Farmer’s story online – but falsely claiming the state was investigating her.
has reached out to the Missouri Department of Health and Senior Services and Freeman Hospital West for comment.
Experts have claimed it is “dangerous” to have politicians and lawyers looking over their shoulders when trying to make a decision on whether a pregnancy should be terminated.
Cleveland OB GYN Dr. Kim Puterbaugh told KHN: “This is medicine, not law, and it’s very complicated. Setting arbitrary limits on blood pressure or bleeding to determine if a pregnancy is distressed is ridiculous. There are too many variables.’