Mark K. Delegal is a Partner in our Tallahassee office.
A bill creating a separate cause of action for negligence in the context of an abortion procedure and a strict liability action for emotional distress resulting from an abortion procedure has been filed with the Florida Legislature for the 2017 session as House Bill 19. The bill would create a direct cause of action for negligence outside of the current medical malpractice framework contained in Chapter 766.
The bill extends the statute of limitations from two years to ten years. It imposes attorney's fees in addition to the action for damages, and the presuit requirements of a corroborating affidavit of negligence are removed. Moreover, even if no negligence occurs, the bill provides for recovery for noneconomic damages against a physician if the patient has "emotional distress" after the abortion procedure. The bill was heard by the House Civil Justice and Claims Subcommittee on Feb. 9, 2017, and reported favorably.
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