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Catholic Hospital System Sued Over Refusal to Perform Abortion in Miscarriage Cases

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The Catholic Church holds that human life must be protected from conception, deeming all procured abortions morally evil.

Newsroom (03/10/2025, Gaudium Press  ) A California woman who suffered two miscarriages is suing Dignity Health, one of the nation’s largest Catholic health care systems, alleging that its religious policies endangered her life by denying her an abortion procedure that met the standard of care for her condition.

The lawsuit, filed Sept. 25 in San Francisco Superior Court, accuses two Dignity Health hospitals of violating state laws on emergency services, civil rights, unfair competition and privacy. Plaintiffs Rachel Harrison and her partner, Marcell Johnson, are seeking a jury trial and unspecified damages for what they describe as medical malpractice and emotional distress.

According to the complaint, Harrison sought emergency care at Mercy San Juan Medical Center in September 2024 and Mercy General Hospital in March 2025 after her water broke at 17 weeks’ gestation in both pregnancies — a condition known as previable preterm premature rupture of the membranes, or previable PPROM. The rupture drained her amniotic fluid, leaving the fetuses nonviable and exposing Harrison to severe risks, including life-threatening infection, hemorrhage and sepsis.

Harrison alleges that hospital staff failed to inform her of her diagnosis or offer an abortion to remove the fetal tissue, instead providing only “experimental” treatments like antibiotics and monitoring. “Given the extreme risks, the standard of care for a patient presenting with previable PPROM is to offer an emergency abortion procedure to safely remove the nonviable fetal tissue, thus drastically reducing the risks of severe life-threatening complications,” the suit states.

Dignity Health, founded by the Sisters of Mercy and serving more than 10 million patients annually with a focus on underserved communities, operates 41 hospitals across Arizona, California and Nevada. The suit also names “Does 1-10,” unidentified personnel potentially liable for the alleged violations.

OSV News reached out to Dignity Health on Oct. 2 for comment but did not receive an immediate response. In a statement to Courthouse News Service on Sept. 26, a spokesperson for the system, which includes Mercy San Juan, emphasized its commitment to patient care: “Mercy San Juan is committed to providing the highest quality, compassionate care to every patient. When a pregnant woman’s health is at risk, appropriate emergency care is provided. The well-being of our patients is the central mission for our dedicated caregivers.”

Tension Between Medical Standards and Faith-Based Ethics

The case highlights ongoing tensions between secular medical protocols and the Ethical and Religious Directives for Catholic Health Care Services (ERD), the guiding document for U.S. Catholic health facilities. Now in its sixth edition, the ERD — developed with input from medical professionals and theologians and approved by the U.S. Conference of Catholic Bishops — outlines ethical standards rooted in Church teaching.

The Catholic Church holds that human life must be protected from conception, deeming all procured abortions morally evil. The ERD explicitly prohibits abortions, defined as “the directly intended termination of pregnancy before viability or the directly intended destruction of a viable fetus.” It allows interventions to treat serious maternal conditions that cannot be delayed until fetal viability, even if they indirectly result in fetal death, as well as induced labor for proportionate reasons after viability. For ectopic pregnancies, no direct abortion is permitted.

In previable PPROM cases, the suit argues that abortion is the evidence-based standard to mitigate maternal risks, citing guidelines from organizations like the American College of Obstetricians and Gynecologists. However, Joseph Meaney, a senior fellow at the National Catholic Bioethics Center and former president of the organization, offered a contrasting view in an interview with OSV News.

Speaking generally about Catholic responses to high-risk pregnancies rather than Harrison’s specific case, Meaney stressed a dual-patient approach: “The point is, you have two patients — the mother and the child — and to do everything you can for both of them.”

He acknowledged the dangers of ruptured membranes, which can lead to infection, but cautioned against immediate intervention. “The fact that the water has broken puts that pregnancy in danger and creates a high-risk situation, potentially, in terms of very dangerous infection. But it doesn’t indicate by itself that there’s something to be done immediately.”

Meaney criticized what he called a “zero-risk” mindset in some secular institutions, where preemptive labor induction sacrifices the fetus to avert maternal complications. “Their idea is, ‘We’re going to preemptively induce labor and avoid the risk of life-threatening infection for the mother by sacrificing the child.’ That approach devalues the life of that child.”

Instead, Catholic providers should prioritize measures to support both patients, such as antibiotics, bed rest and close monitoring, he said. “What can we do to help both the mother and the child?”

Broader Implications for Faith-Based Care

Dignity Health selected the hospitals for Harrison’s care due to insurance coverage, medical history and proximity, the suit notes. The couple alleges the facilities did not disclose their abortion ban upfront, violating informed consent laws.

This is not the first legal challenge to Catholic health systems post-Roe v. Wade. Since the 2022 Supreme Court decision overturning federal abortion rights, lawsuits have proliferated in states with protective laws like California, which mandates emergency abortions under its Unruh Civil Rights Act and other statutes.

The case arrives amid national debates over religious exemptions in health care. Proponents of faith-based medicine argue it upholds moral integrity and serves vulnerable populations without compromising care. Critics, including reproductive rights advocates, contend that such policies create “maternity deserts” where women face delays or denials in life-saving treatment.

  • Raju Hasmukh with files from OSV news

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