Latest news with #SB1284
Yahoo
03-04-2025
- Health
- Yahoo
Wrongful death suits for the unborn would be allowed under proposed Florida law
A woman potentially could be sued for wrongful death by the father of her unborn baby if she has an abortion under legislation moving in the Florida Legislature. Further, the bill – "The Civil Liability for Wrongful Death of an Unborn Child Act" (SB 1284) – has sparked fears it will increase malpractice liability for doctors. It also gives parents the ability to sue health care providers for damages for the wrongful death of an unborn child. The bill by Sen. Erin Grall, R-Fort Pierce, this week cleared the Senate Judiciary Committee on a 6–4 vote. One Republican, Sen. Tom Leek, joined the panel's Democrats in voting 'no.' Leek said he worried the bill could weaponize other laws to prosecute a woman who lost a child. But other Republicans on the panel questioned how courts could determine the future loss of income of a week-old embryo, and questioned its effect on malpractice insurance premiums. Kathleen Passidomo, R-Naples and a former Senate president, voted against a similar bill last year. She walked Grall through provisions in the bill she finds troubling, saying 'this is creating a huge tort.' Passidomo questioned how judges and juries could compute damages based on a fetus' future earnings, calling it 'so speculative' because there is no way of knowing if a three-day embryo would become a 'Elon Musk or someone with a disability.' By including unborn children under the state's Wrongful Death Act, opponents including Democrats and nearly 30 members of the public said they feared the measure would further restrict abortion access. Florida law already defines an unborn child as a member of the Homo sapiens species at any state of development. Grall, who sponsored last year's six-week abortion ban signed into law by Gov. Ron DeSantis, said her intent is not to strengthen an abortion ban but to protect unborn children: 'It is (for) when there is negligence that happens. But for that negligence, that child would be here.' She added, 'We should have parity in the way we treat a child inside the womb and outside the womb.' But the bill's potential unintended consequences troubled some of the lawmakers and many of the people who filled all 170 seats available in the committee room. Grall's proposal does not authorize a wrongful death suit against a healthcare provider acting lawfully – but it lacks a definition of what is lawful medical care. Florida faces a shortage of obstetrics and gynecology since passage of the six-week abortion ban, according to media reports. And a lobbyist for physicians said Grall's bill will increase malpractice insurance premiums and further make Florida an unattractive option for OB-GYNs. 'Doctors are going to make the economic decision to avoid treating high-risk pregnancies. The very life that needs the most care, the high-risk pregnancies the doctor is going to avoid because of the additional (malpractice) exposure this puts on the physician,' said Mark Delegal, who represents the Doctor's Company, a nationwide physician-owned medical malpractice insurer. Others have echoed Leek's fears that an estranged father could weaponize the bill against a woman who lost a child. In an interview with the Florida Alligator newspaper, University of Florida constitutional law professor Danaya C. Wright said the way Grall's bill is written is troubling. Wright said granting a fetus or embryo the same legal protections as a person makes anything a woman does that could injure a fetus liable for damages: 'A woman goes on a walk, and she trips, and she falls, and it causes a miscarriage. You're going to say that's manslaughter?' Wright said. And abortion rights advocates said that including embryos in the Wrongful Death Act will further restrict access to reproductive healthcare. Ashe Bradley of Tampa told the committee that the bill would enable a rapist to sue a victim. 'Would you want your child to leave a rape and then pay her rapist?' Bradley asked. The bill next goes to the Rules Committee, which Passidomo chairs, before it can get to the Senate floor. Passidomo said she voted for it to give Grall time to work on her and other's concerns. And Grall committed to doing so. James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@ and is on X as @CallTallahassee. This article originally appeared on Tallahassee Democrat: Debate grows over Florida bill giving legal rights to unborn children
Yahoo
02-04-2025
- Politics
- Yahoo
Senate Republicans criticize bill establishing wrongful death of fetuses
A bill in the Florida Legislature would let parents claim loss of potential income for fetuses at any stage of development. (Photo credit: Getty Images) Republican senators raised concerns over a bill that would permit parents to claim damages in the wrongful death of a fetus at any stage of development in the womb, with Ormond Beach Republican Sen. Tom Leek voting with Democrats against the proposal Tuesday. Vero Beach Republican Sen. Erin Grall's proposal (SB 1284) could let parents claim damages for the mental pain and loss of support from the fetus, which the sponsor explained means parents could be awarded for the loss of future wages that the fetus could have earned over its life. Although the bill passed its first hearing, its future could be in peril after former Senate President Kathleen Passidomo, who chairs the powerful Rules Committee, which it must go through before reaching the Senate floor, took issue with the bill's definition of unborn child. She questioned Grall about whether someone could file a wrongful death suit for a fetus at one week of gestation. 'To put dollar figures on something and the damages being so speculative is different than a criminal prosecution,' Passidomo said. 'I'm having trouble wrapping my arms around this whole issue.' Passidomo's doubts are not new. The Naples Republican also expressed skepticism over Grall's bill last year before Grall withdrew it. During Tuesday's Senate Judiciary Committee meeting, Democrats also bashed the bill, with Lori Berman, of Boynton Beach, calling the idea of a jury debating the potential salary of a fetus crazy, and Tina Polsky, of Boca Raton, calling it nonsensical. 'This person could be a waiter. This person could be the next Elon Musk. There is just absolutely no way to know, and it doesn't make any sense whatsoever to try to calculate economic damages,' Polsky said. Still, Grall defended treating a fetus the same as a day-old baby, questioning the other senators about what age would be appropriate to determine if the child would grow up to be wealthy. SUPPORT: YOU MAKE OUR WORK POSSIBLE 'So, at what age do we get to start to ascribe real damages to a person? At two?' Grall said. 'Maybe we know how they're doing; they've taken an IQ test.' Passidomo also worried about OBGYNs leaving the state if they're susceptible to more lawsuits. 'We're losing OBGYNs. Who's gonna wanna come to Florida?' Unlike the proposal last year, SB 1284 doesn't authorize wrongful death suits against a health care provider acting lawfully. But what lawful medical care means is too vague for Polsky, who said doctors are already hesitant to provide medically necessary abortions following the enactment of the law banning most abortions after six weeks' gestation. Florida's six-week ban, which Grall sponsored, includes exceptions to save the life of the mother, fatal fetal abnormalities, and in cases of rape, incest, and human trafficking. However, doctors have spoken about the difficulties of assessing whether a case meets the exceptions, given that they can lose their medical licenses and face jail time if they provide an abortion outside the legal boundaries. Additionally, Leek called out an amendment Grall made, switching language in the bill protecting pregnant people. He worried that the language didn't go far enough to protect women from estranged partners. The original text stated that wrongful death action 'may not be brought against the mother of the unborn child.' The bill now states that it doesn't authorize such suits. 'My concern is more about this bill being weaponized against women who lose a child outside of abortion,' Leek said. The House Judiciary committee is scheduled to hear the bill (HB 1517) on Wednesday in its last stop before the floor. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
20-03-2025
- Health
- Yahoo
Bill permitting suits over wrongful death of fetuses draws concerns about abortion access
A bill changing Florida's wrongful death statues would allow parents to collect damages for the death of a fetus. (Photo by Getty Images) Republicans in a House committee Thursday advanced a bill that permits parents to claim damages in the wrongful death of a fetus at any stage of development. HB 1517 passed its first hearing in the House Civil Justice and Claims Subcommittee along party lines, with Democrats raising concerns about what the passage of the bill would mean for Florida's abortion landscape. A similar proposal drew criticism last year from reproductive rights advocates, who said the bill would establish fetal personhood. Both the House bill and Senate companion, SB 1284, define an unborn child as a 'member of the species Homo sapiens, at any stage of development, who is carried in the womb,' which St. Petersburg Democratic Rep. Michele Rayner said would grant fetuses the same rights as any person. 'For me, it feels like this is another attempt to lay the foundation for a complete abortion ban. I'm not saying that this bill is a complete abortion ban. I want to be very, very clear,' Rayner said. Florida bans most abortions after six weeks' gestation, but there are exceptions to save the life of the mother, fatal fetal abnormalities, and in cases of rape, incest, and human trafficking. The pregnant person wouldn't be the target of litigation under either proposal, and the House version also adds that protection for medical providers who provide 'care related to assisted reproductive technologies,' such as in vitro fertilization. St. Augustine Republican Rep. Sam Greco said during the committee that his bill doesn't put doctors providing legal abortions at risk. Sweetwater Republican Rep. David Borrero said he supported the proposal precisely because it gives a fetus the same rights as people after they are born. 'I firmly believe an unborn child is a person if it has its own separate DNA, it's growing, it's capable of feeling pain, it is considered a person,' Borrero said. Still, some opponents said it would enable abusive partners to harass victims of domestic or intimate partner violence. '[The bill] would allow domestic violence abusers to sue their victims' friends and family who helped them receive proper health care and an abortion,' said Ash Bradley, speaking on behalf of reproductive rights group Voices of Florida. 'This would put survivors like me in imminent danger.' Vero Beach Republican Sen. Erin Grall is still the sponsor in the upper chamber. She withdrew her proposal toward the end of the legislative session last year, but she hinted that she would refile the bill. 'I want to make sure we get it right. So, we're just gonna wait and see if that can continue to happen, or if it's this type of thing that we need to do a little bit more work between now and next session,' Grall said at the time. The Senate version has not been heard yet but it doesn't have any substantial changes from last year's bill. Sixteen other states allow parents to collect damages for mental pain and suffering from the death of a fetus at any stage of development caused by negligence, according to a legislative analysis of the bill. Florida is one of six states that doesn't allow for such suits, while others permit the collection of damages for wrongful fetus deaths if the fetus could survive outside the womb.
Yahoo
03-03-2025
- Politics
- Yahoo
Bill to establish 'fetal personhood' filed in Florida Legislature
A bill filed in the Senate last week could potentially establish "fetal personhood." It's the same bill one anti-abortion advocate in the Florida Senate tried to pass last year, but it was blocked and died in Senate Rules after concerns it would interfere with legal access to abortion and in-vitro fertilization. "Civil Liability for the Wrongful Death of an Unborn Child" (SB 1284) would give parents the ability to sue for damages for the wrongful death of an unborn child, defines 'unborn child' as 'a member of the species Homo sapiens, at any stage of development, who is carried in the womb.' "Fetal personhood" refers to the belief that a fetus should be recognized as a legal and moral person with rights, often including the right to life, from the moment of conception. The bill would let a parent of an unborn child recover damages for 'pain and suffering' from a person who is responsible for the unborn child's death. Currently, Florida law only states 'minor child.' It's the exact same version of the bill Sen. Erin Grall, R-Fort Pierce, filed last year. As previously reported, Planned Parenthood, the National Organization for Women and Equality Florida at the time all spoke against the bill and warned of a chilling effect on doctors and abortion providers who would be afraid of being sued for providing health care. Last year, Grall said the bill created 'parity,' as the definition for 'unborn child' is also used in Florida law for criminal penalties, and that doctors who provided abortions could not be sued if this bill became law. Grall also sponsored what is now the state's six-week abortion ban. While abortion advocates tried to pass a ballot measure last fall to enshrine abortion up to viability in the Florida Constitution, it failed with 57% of the vote. In Florida, a constitutional amendment needs 60% of the vote to pass. From last year: 'Temporary loss': Abortion amendment backers vow to fight on as DeSantis declares victory Ana Goñi-Lessan, state watchdog reporter for the USA TODAY Network – Florida, can be reached at agonilessan@ This article originally appeared on Tallahassee Democrat: Florida lawmakers may take up 'fetal personhood' bill this session
Yahoo
26-02-2025
- Health
- Yahoo
Republican senator refiles bill permitting suits in wrongful death of fetuses
Southwest Florida Republican state Senator Erin Grall in front of the Florida Supreme Court on Sept. 8, 2023. (Photo by Mitch Perry/Florida Phoenix) Republican Sen. Erin Grall filed a bill Wednesday letting parents collect damages in the wrongful death of a fetus at any stage of development. The Fort Pierce Republican put forward the same proposal during the 2024 legislative session, but ultimately paused following backlash from pro-choice advocates, Democrats, and then-Senate President Kathleen Passidomo. The definition of 'unborn child' in the bill, SB 1284, is a 'member of the species Homo sapiens, at any stage of development, who is carried in the womb,' which prompted criticism about whether the bill would establish fetal personhood. Grall hinted that she would bring the bill back at some future date as she pulled it out of a committee hearing toward the end of the 60-day session. 'I want to make sure we get it right. So, we're just gonna wait and see if that can continue to happen, or if it's this type of thing that we need to do a little bit more work between now and next session,' Grall said at the time. But she made no substantial changes between last year's bill and the proposal she filed Wednesday. The bill wouldn't allow any suits against the pregnant person, but parents would be entitled to compensation for mental pain and suffering from death caused by negligence. Ben Albritton, the chamber's current leader, voted in favor of it in two committees last year. 'I think she'll probably come back next year with a better product that everybody can look at, where it has not been weaponized by advocates on both sides for something that it is not,' Passidomo told reporters after Grall paused the bill. 'To do a personhood bill or an abortion bill in a liability statute is wrong, and I think we have to sort that out.' Passidom still serves in the Senate as chair of the Rules Committee. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
