California Medical Association moves to join ACLU suit against Dignity Health over patient access to reproductive procedure
Group is backing suit on behalf of patient who was denied tubal ligation following a scheduled C-section based on hospital's religious directives.
Mercy Medical Center-Redding, CA. Photo by Yelp
The California Medical Association is opting in to a legal battle currently being waged by the ACLU of Northern California against Dignity Health, one of the largest health systems in the country.
CMA announced Wednesday they have filed a motion to intervene as plaintiff in Chamorro v. Dignity Health, a case that involves Rebecca Chamorro, a California woman who was denied a tubal ligation that had been previously agreed upon by her and her physician at Mercy Medical Center in Redding. The ligation, which is commonly known as "getting your tubes tied", was supposed to be part of a scheduled c-section.
According to ACLU spokesperson Leslie Fulbright, Chamorro's doctor sought authorization from Mercy Medical to perform the postpartum tubal ligation on September 15, 2015. On September 18, 2015, he received a letter denying the request for authorization on the grounds that it did "not meet the requirement of Mercy's sterilization policy or the Ethical and Religious Directives for Catholic Health Services." They filed the lawsuit in December. The ACLU argues that withholding pregnancy-related care for reasons other than medical considerations is illegal, and creates a conflict of interest between the best interests of the patient and the religious affiliation of the hospital system.
"The religious directives are bad for both patients and doctors and present a real threat to the medical judgment of these doctors," said Elizabeth Gill, senior staff attorney at the ACLU of Northern California.
[Also: DignityHealth Nevada to build 4 hospitals for underserved Las Vegas communities]
Fulbright said no other options were presented to Chamorro by the hospital, so she reached out to her insurance company. She was told the closest hospitals that would authorize her doctor's request were in the Sacramento area, approximately 160 miles from Redding, or in the Chico area, over 70 miles from Redding. Given the distance, Fulbright said those alternatives would have imposed unacceptable burdens.For one thing, Fulbright explained, Ms. Chamorro would have to find a new obstetrician and establish care as that physician's obstetrical patient in the Sacramento or Chico area; in order to ensure access to the appropriate hospital for her delivery, she would practically have to live in the area during the last month of her pregnancy. Because her insurance would cover only her hospital stay, she would potentially have to be separated from her husband and children, or pay for them to join her near Sacramento or Chico. Fulbright confirmed Chamorro ended up not having the ligation procedure.
CMA said they strongly believe physicians and medical staff alone should be empowered to make decision regarding a patient's care, hospital administrators and other non-medical staff. They further allege that the medical staff at Mercy Medical in Redding was not consulted in the determination of the particular directive that influenced the denial, even though it has direct influence over the care patients receive or don't receive from doctors there.
"This is not about religious beliefs," said Francisco J. Silva, CMA general counsel and senior vice president. "This is about ensuring that a patient walking into a hospital can expect to receive sound medical care from trained medical professionals -- not from hospital administrators motivated by non-medical policy directives. California law prohibits corporations from practicing medicine in order to protect patients from decisions motivated by non-medical factors that are not related to patient care."
[Also: DignityHealth, GoHealth to open 12 urgent care centers in Bay Area]
Dignity Health did not respond to questions about whether they felt the patient's rights had been violated in any way by the denial of the procedure, but did issue the following statement with regard to CMA's potential involvement.
"We are disappointed by CMA's decision to join the ACLU action. Our hospitals are open with physicians seeking practice privileges about the services we offer and do not offer. Our Catholic hospitals make clear that they operate in accordance with the Ethical and Religious Directives for Catholic Health Care Services."
Dignity Health is the largest hospital provider in California, with 29 facilities across the state, and is the 5th largest healthcare system in the country.
[Also: Dignity Health divests holdings in coal energy, calls climate change a public health issue]
The California Medical Association represents more than 41,000 physicians, and is the state's largest medical advocacy organization.
A court hearing on the motion is scheduled in San Francisco for May 25. If CMA's motion is granted, they will join the plaintiffs as the case proceeds.
This article was updated 4/28/16 at 10:30pm.
Twitter: @BethJSanborn
