Senate Bill sb1974c1

    Florida Senate - 2005                           CS for SB 1974

    By the Committee on Judiciary; and Senator Posey





    590-2250-05

  1                      A bill to be entitled

  2         An act relating to a cause of action for

  3         prenatal death caused by negligence; creating

  4         s. 768.38, F.S.; providing for the

  5         admissibility of certain evidence in evaluating

  6         a claim for damages for the mental pain and

  7         suffering of the parents in an action alleging

  8         that a pregnancy was wrongfully ended by the

  9         negligence of another; providing findings and

10         intent; providing an effective date.

11  

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

13  

14         Section 1.  The Legislature finds that current law

15  inadequately addresses rights of action related to prenatal

16  deaths resulting from negligent acts in other than medical or

17  criminal situations.

18         Section 2.  Section 768.38, Florida Statutes, is

19  created to read:

20         768.38  Right of action for prenatal death caused by

21  negligence of another.--

22         (1)  In any lawsuit filed in this state under current

23  law, where medical negligence as defined in s. 766.106(1) is

24  not at issue and without expanding or restricting current law

25  with regard to medical negligence, when it is alleged that a

26  pregnancy was wrongfully ended by the negligence of another

27  person or entity, the trier of fact may consider the following

28  evidence in evaluating a claim for damages for the mental pain

29  and suffering of the parents:

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






    Florida Senate - 2005                           CS for SB 1974
    590-2250-05




 1         (a)  Characteristics of the unborn fetus, including,

 2  but not limited to, the sex and the name chosen before the

 3  pregnancy was negligently terminated; and

 4         (b)  The circumstances surrounding the loss of the

 5  pregnancy.

 6         (2)  The fetus may be referred to as a son or daughter,

 7  as a child, or by its chosen name.

 8         Section 3.  This act shall take effect upon becoming a

 9  law and applies to all actions in which the stillbirth occurs

10  after the effective date of the act.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 1974

14                                 

15  This committee substitute:

16  --   Deletes language that authorized recovery of economic
         damages related to the loss of pregnancy;
17  
    --   Provides legislative findings;
18  
    --   Additionally authorizes admission of evidence relating to
19       the sex of the unborn fetus, and references to the unborn
         fetus as a son, daughter, or as a child;
20  
    --   Deletes language that created an exception from suit for
21       a pregnant woman who lawfully terminates her pregnancy
         and a health care provider;
22  
    --   Provides that these provisions do not expand or restrict
23       existing law, and do not apply to medical negligence
         cases; and
24  
    --   Provides that these provisions apply to all actions in
25       which the stillbirth occurs after the effective date of
         the committee substitute.
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CODING: Words stricken are deletions; words underlined are additions.