Senate Bill sb1974

    Florida Senate - 2005                                  SB 1974

    By Senator Posey





    24-1291A-05

  1                      A bill to be entitled

  2         An act establishing a cause of action for the

  3         negligent infliction of emotional distress

  4         arising out of the loss of a pregnancy because

  5         of the negligence of another; providing for

  6         damages; providing exceptions; providing an

  7         effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Right of action for loss of pregnancy due

12  to negligence.--

13         (1)  When a pregnancy is wrongfully ended by the

14  negligence of another person or entity, the mother and father

15  of the fetus may bring an action for the negligent infliction

16  of emotional distress irrespective of whether there is

17  physical harm. Neither parent, however, may bring an action

18  under this section against the other parent.

19         (2)  This section allows each parent to recover for his

20  or her own mental pain and suffering, emotional distress, and

21  any economic damages that arise as a result of the loss of

22  pregnancy. The damages that a parent may recover under this

23  section include the following:

24         (a)  Medical expenses arising out of the pregnancy; and

25         (b)  Damages for the mental pain and suffering of the

26  parent, which include, but are not limited to, compensation

27  for the lost hopes, dreams, and expectations for what life may

28  have been like had the pregnancy resulted in a live birth. In

29  evaluating a claim for damages for the mental pain and

30  suffering and emotional distress of the parent, the trier of

31  fact may consider the characteristics of the unborn fetus,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1974
    24-1291A-05




 1  including, but not limited to, the gender and the name chosen

 2  before the pregnancy was negligently terminated, and the

 3  circumstances surrounding the loss of the pregnancy.

 4         (4)  A pregnant woman may not be sued under this

 5  section for the lawful termination of her own pregnancy.

 6         (5)  A health care provider may not be sued under this

 7  section for non-negligent termination of the mother's

 8  pregnancy following the mother's informed consent after the

 9  mother has been provided with accurate medical information.

10         Section 2.  This act shall take effect upon becoming a

11  law.

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14                          SENATE SUMMARY

15    Establishes a cause of action for the negligent
      infliction of emotional distress arising out of the loss
16    of a pregnancy because of the negligence of another.
      Provides for damages. Provides exceptions.
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CODING: Words stricken are deletions; words underlined are additions.