Are Emergency Rooms required to treat people experiencing miscarriage?
Yes, but it’s complicated. Emergency rooms are required to treat people experiencing a miscarriage under EMTALA (the Emergency Medical Treatment and Labor Act). This federal law ensures that anyone showing up at an ER with an emergency medical condition—like heavy bleeding, severe pain, or signs of infection—must be screened and stabilized, regardless of their ability to pay.
So what’s the problem?
Here’s where things get tricky:
State Abortion Bans Create Confusion: Some states with strict abortion laws argue that care for pregnancy complications (like a miscarriage) is too close to abortion care. This can make hospitals hesitant to provide treatment out of fear of breaking state law—even when EMTALA requires it.
Federal vs. State Tensions: The Department of Health and Human Services (HHS) clarified in 2022 that EMTALA protects miscarriage care, including procedures like dilation and curettage (D&C), which can also be used for abortions.
Chilling Effect: Under restrictive laws, hospitals and doctors may delay care—waiting until someone is on the brink of death—rather than intervene early, even if it’s clear the pregnancy is no longer viable. This is especially dangerous in emergencies like heavy bleeding or infection where often it’s too late by the time the patient has reached this state.
What Could Change Under a Second Trump Term?
Weakened Protections: A conservative administration might reinterpret EMTALA to exclude certain pregnancy-related emergencies, including miscarriage care.
Hospitals Could Face More Pressure: Without strong federal enforcement, hospitals in states with abortion bans could feel emboldened to deny or delay care.
Increased Risks for Patients: People experiencing miscarriage complications might have to wait until their condition becomes life-threatening to receive care, increasing the risk of long-term health complications or death.
This is so messed up. What can we do about it?
Know Your Rights: If you’re denied care, you can:
Ask for a written explanation.
Demand to speak to the hospital administrator.
File a complaint under EMTALA with the Department of Health and Human Services.
Share Stories: Highlight how delays in miscarriage care can harm or even kill patients to emphasize the need for clear, protected access to emergency care.
Advocate for Stronger Protections: Push for legislation and policies that ensure miscarriage and pregnancy-related emergencies are treated without fear of legal retaliation.
