Florida Bill Creating a Cause of Action for Physical and Emotional Distress Resulting From Abortion (SB 1140)

SB 1140 would create a cause of action that may be maintained by a patient upon whom an abortion has been performed against the physician who performed the abortion to recover damages for any emotional distress or injury, as the result of the physician’s failure to obtain informed consent prior to performance of the abortion.

The bill would require the action to be brought within four years from the time the injury is discovered. No action may be commenced later than 10 years from the time the incident giving rise to the action occurred.

The bill states that the signing of a consent form by the patient prior to the abortion would not negate the cause of action.

The bill states that the cause of action would be in addition to any other statutory or common law cause of action.

If passed, the law would take effect on July 1, 2017.

Related Legislation

Similar to HB 19.

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