What should I do if I'm miscarrying and the ER is refusing to provide care?

Nov 15

If you're miscarrying and the ER refuses to provide care, here’s what you can do to advocate for yourself and ensure you get the treatment you need.

Know Your Rights Under EMTALA

Federal Law Protects You: Under EMTALA (Emergency Medical Treatment and Labor Act), hospitals with ERs are required to evaluate and stabilize anyone with an emergency medical condition, including miscarriage complications.
Emergency Conditions Include: Heavy bleeding, severe pain, signs of infection, or any other life-threatening condition.
- Advocate for Yourself. Clearly state your symptoms:
  - “I am bleeding heavily.”
  - “I have severe pain.”
  - “I am showing signs of infection (fever, chills).”
- “Under EMTALA, I have the right to be evaluated and stabilized.”
- Assert Your Rights:
  - “I request an emergency medical screening under EMTALA.”
  - “I am experiencing a pregnancy-related medical emergency.”

Ask the Right Questions & Clearly State your Symptoms

Request a Written Explanation: Ask the doctor or nurse to document the reason for refusing treatment and have them sign it with their name and license number.
Mention EMTALA: Politely but firmly remind them that EMTALA requires the hospital to treat emergency conditions, including miscarriage complications.
- Ask for Documentation:
  - “Please document your reason for refusing care.”

Escalate Within the Hospital

Speak to a Supervisor: Request to talk to the ER director or hospital administrator immediately.
Insist on a Second Opinion: If one provider is refusing care, ask for another doctor to evaluate you.
- “May I speak to the ER director or administrator?”

Document Everything

Write down the names of the providers and staff involved and their license number.
Note the time, what they said, and any care (or lack thereof) you received.
Take photos of hospital signage showing EMTALA rights, if available.

Contact Outside Help

Legal Assistance: Call a reproductive rights organization or legal hotline. Organizations like the National Women’s Law Center (NWLC) or If/When/How can provide guidance.
- If/When/How Legal Helpline: 855-868-4636
- National Women’s Law Center: 202-588-5180
Support Networks: Bring a trusted friend or family member to help advocate for you.

File a Complaint

With HHS: After the incident, file an EMTALA violation complaint with the Department of Health and Human Services.
Share Your Story: Consider speaking out (if comfortable) to raise awareness and hold the hospital accountable.

Are Emergency Rooms required to treat people experiencing miscarriage?