Senate Bill sb1470

    Florida Senate - 2006                                  SB 1470

    By Senator Posey





    24-44-06

  1                      A bill to be entitled

  2         An act relating to a cause of action for

  3         prenatal death caused by negligence; providing

  4         legislative findings; creating s. 768.38, F.S.;

  5         providing for the admissibility of certain

  6         evidence in evaluating a claim for damages for

  7         the mental pain and suffering of the parents in

  8         an action alleging that a pregnancy was

  9         wrongfully ended by the negligence of another;

10         providing an effective date.

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

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14         Section 1.  The Legislature finds that current law

15  inadequately addresses rights of action related to prenatal

16  death resulting from negligent acts in a situation other than

17  a medical or criminal situation.

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, if medical negligence as defined in s. 766.106(1) is not

24  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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    Florida Senate - 2006                                  SB 1470
    24-44-06




 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  on or after the effective date of the act.

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