The Georgia hospital where Amber Thurman received care may have contravened federal law by delaying a procedure for 20 hours, a situation criminalized by the state’s abortion ban, according to Senator Ron Wyden, chair of the Senate Finance Committee.
The Emergency Medical Treatment and Labor Act (EMTALA) mandates that hospitals must provide emergency care to stabilize patients or transfer them to a suitable facility. This law, enacted nearly four decades ago, applies to any hospital with an emergency department that accepts Medicare funding, including Piedmont Henry in suburban Atlanta, where Thurman was treated. The Senate Finance Committee oversees the regulatory agency enforcing this law.
In a letter sent on Monday, Sen. Wyden, an Oregon Democrat, referenced ProPublica’s investigation into Thurman’s death, deemed preventable by a state committee of maternal health experts. Wyden’s letter inquired whether Piedmont Henry has delayed or denied emergency care to pregnant patients since the implementation of Georgia’s abortion ban. (Piedmont’s CEO David Kent did not respond to comment requests.)
“It is my duty to conduct oversight of potential violations of patients’ rights under these laws,” Wyden wrote. He requested the hospital’s emergency care policies and a list of personnel involved in decisions relating to abortion care in emergencies, setting an October 24 deadline for their response.
Wyden’s same letter, also citing ProPublica’s reporting, was sent to seven hospitals in North Carolina, Florida, Missouri, Louisiana, and Texas. One letter addressed a Texas hospital where Yeniifer Alvarez-Estrada Glick died in 2022 from pregnancy complications, as covered by The New Yorker. Other letters were sent to hospitals where there have been reports of women being turned away or receiving delayed care.
The responses from these hospitals could lead to proposed legislation or executive actions to ensure compliance. The Centers for Medicare and Medicaid Services handle investigations of complaints and may impose fines on hospitals violating EMTALA.
Wyden’s committee plans to hold a hearing to examine the impact of Donald Trump’s successful effort to overturn Roe v. Wade and subsequent state abortion bans on access to life-saving medical care for women nationwide.
Piedmont hospital did not comment on the letter from Wyden or any ongoing investigation into an EMTALA violation. Doctors involved in Thurman’s care also declined interviews with ProPublica. A spokesperson for the Department of Health and Human Services stated that no woman should be denied life-saving treatment, although specific comments on complaints or investigations were not provided.
Despite federal mandates, hospitals in states with abortion bans continue to delay or deny emergency care to pregnant women. An Associated Press review found over 100 instances since 2022 where pregnant women in medical distress were turned away or treated inadequately after the Supreme Court overruled Roe v. Wade. Last year, hospitals in Missouri and Kansas, involved in the care of Mylissa Farmer, were found in violation of the law by a federal investigation.
Vice President Kamala Harris has highlighted Thurman’s case to argue for a national law to restore abortion rights. Former President Donald Trump, who appointed Supreme Court justices pivotal in overturning Roe, has indicated differing plans for a second term, separated from Project 2025’s more aggressive anti-abortion stance.
Georgia Governor Brian Kemp mentions that the state’s abortion laws provide exceptions to protect the “life of the mother.” However, some medical professionals have cautioned that the laws’ language is unclear and not scientifically grounded, leading to confusion and inconsistent application.
Legal experts consider Thurman’s treatment a clear EMTALA violation. Health law professor Sara Rosenbaum notes that hospitals are caught between following federal law and avoiding state prosecution.
Amber Thurman required emergency treatment after experiencing complications from abortion medication. Delayed by legal hesitations surrounding Georgia’s restrictive abortion ban, her needed procedure, a dilation and curettage (D&C), was not timely performed, which experts believe could have saved her life.
After Roe v. Wade was overturned, the federal government emphasized that hospitals must follow EMTALA, yet some states have resisted, citing conflicting state laws. Texas, for instance, has contested this federal requirement.
The Supreme Court is evaluating cases like Idaho’s stringent abortion ban, highlighting the ongoing conflict between state restrictions and federal law requirements.
Rosenbaum suggests that federal resources are insufficient for rigorous investigation and enforcement of EMTALA in abortion-ban states. Wyden’s letters articulate the precarious situation patients and healthcare providers face due to conflicting legal standards.
As Thurman’s family commemorates her life, her sister Cjauna Williams hopes her death will spur meaningful change and prevent similar tragedies.
