Iowa Bill Establishing a Cause of Action for Emotional Distress Resulting From Abortion (SF 26)

SF 26 would establish 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, whether or not independent of a physical injury, proximately caused as the result of the physician’s negligence or failure to obtain informed consent prior to performance of the abortion.

The bill would allow the action to be brought at any time during the lifetime of the patient.

The bill states that the signing of a consent form by the patient prior to the abortion would not negate the cause of action, but may reduce the recovery of damages.

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

A patient may not maintain a cause of action against a physician if the abortion was performed due to a medical emergency.

Related Legislation

Similar to SF 333 and HF 2098, both of which failed to pass in 2013/2014.

---

People