Title: Termination of Pregnancies

Summary: Creating a cause of action for physical and emotional injury resulting from a termination of pregnancy under certain circumstances; providing that laws on medical malpractice actions do not apply to this cause of action; providing a statute of limitations for an action for damages and statute of repose, etc.

Full Text:
An act relating to termination of pregnancies; creating s. 390.035, F.S.; creating a cause of action for physical and emotional injury resulting from a termination of pregnancy under certain circumstances; providing that this cause of action is not an exclusive remedy; providing that laws on medical malpractice actions do not apply to this cause of action; providing a statute of limitations for an action for damages and statute of repose; providing for tolling of the limitations periods; authorizing an award of attorney fees and costs to a prevailing plaintiff; defining the term  damages ; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 390.035, Florida Statutes, is created to read: 390.035   Liability for acts related to a termination of pregnancy; remedies; limitations.  (1)   A woman who suffers injury or death as a result of an abortion, or who suffers emotional distress as a result of a physician s failure to obtain the informed consent as required by s. 390.0111, has a cause of action for damages against the physician who performed the abortion or failed to provide the statutorily required informed consent. (2)   The signing of a consent form by the woman prior to the abortion shall not bar a cause of action brought under this section. (3)   This section may not be construed as barring any statutory or common law cause of action for medical malpractice otherwise available resulting from an abortion or as diminishing the nature or the extent of those causes of action. The cause of action created under this section is in addition to any other statutory or common law cause of action available to an injured person. An action brought under this section is not a claim for medical malpractice under chapter 766. A woman who pursues an action under this section is precluded from seeking redress for injuries arising from the same abortion procedure under chapter 766. (4)   Notwithstanding s. 95.11 or any other provision of law, an action for damages brought under this section shall be commenced within the latter of years from the time the incident giving rise to the action occurred or years from the time the injury is discovered or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than years from the time the incident giving rise to the action occurred. The limitations periods created by this subsection shall be tolled while the woman is a minor. (5)   A prevailing plaintiff in an action brought under this section is entitled to reasonable attorney fees and costs. (6)   For the purposes of this section, the term  damages  means all special and general damages that are recoverable in an intentional tort, negligence, survival, or wrongful death action, including, but not limited to, actual and punitive damages. Section 2. This act shall take effect July 1, 2017.