Florida Senate - 2017                                    SB 1140
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01299B-17                                          20171140__
    1                        A bill to be entitled                      
    2         An act relating to termination of pregnancies;
    3         creating s. 390.035, F.S.; creating a cause of action
    4         for physical and emotional injury resulting from a
    5         termination of pregnancy under certain circumstances;
    6         providing that this cause of action is not an
    7         exclusive remedy; providing that laws on medical
    8         malpractice actions do not apply to this cause of
    9         action; providing a statute of limitations for an
   10         action for damages and statute of repose; providing
   11         for tolling of the limitations periods; authorizing an
   12         award of attorney fees and costs to a prevailing
   13         plaintiff; defining the term “damages”; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 390.035, Florida Statutes, is created to
   19  read:
   20         390.035 Liability for acts related to a termination of
   21  pregnancy; remedies; limitations.—
   22         (1) A woman who suffers injury or death as a result of an
   23  abortion, or who suffers emotional distress as a result of a
   24  physician’s failure to obtain the informed consent as required
   25  by s. 390.0111, has a cause of action for damages against the
   26  physician who performed the abortion or failed to provide the
   27  statutorily required informed consent.
   28         (2) The signing of a consent form by the woman prior to the
   29  abortion shall not bar a cause of action brought under this
   30  section.
   31         (3) This section may not be construed as barring any
   32  statutory or common law cause of action for medical malpractice
   33  otherwise available resulting from an abortion or as diminishing
   34  the nature or the extent of those causes of action. The cause of
   35  action created under this section is in addition to any other
   36  statutory or common law cause of action available to an injured
   37  person. An action brought under this section is not a claim for
   38  medical malpractice under chapter 766. A woman who pursues an
   39  action under this section is precluded from seeking redress for
   40  injuries arising from the same abortion procedure under chapter
   41  766.
   42         (4) Notwithstanding s. 95.11 or any other provision of law,
   43  an action for damages brought under this section shall be
   44  commenced within the latter of 4 years from the time the
   45  incident giving rise to the action occurred or 4 years from the
   46  time the injury is discovered or should have been discovered
   47  with the exercise of due diligence; however, in no event shall
   48  the action be commenced later than 10 years from the time the
   49  incident giving rise to the action occurred. The limitations
   50  periods created by this subsection shall be tolled while the
   51  woman is a minor.
   52         (5) A prevailing plaintiff in an action brought under this
   53  section is entitled to reasonable attorney fees and costs.
   54         (6) For the purposes of this section, the term “damages”
   55  means all special and general damages that are recoverable in an
   56  intentional tort, negligence, survival, or wrongful death
   57  action, including, but not limited to, actual and punitive
   58  damages.
   59         Section 2. This act shall take effect July 1, 2017.