TALLAHASSEE, Fla. — A proposal to give parents broader legal standing to sue over the death of an unborn child is advancing in the Florida Legislature.
What You Need To Know
Senate Bill 164 would allow a wrongful death lawsuit for an unborn child at any stage of development
It would allow parents to seek damages such as medical costs, emotional distress and funeral expenses, among others
Some legislators say they fear the measure would lead to a flood of litigation
Others fear it may lead to litigation at some point against abortion providers
Senate Bill 164, sponsored by Republican Sen. Erin Grall of Fort Pierce, would codify Florida’s wrongful-death statute to recognize an unborn child at any stage of development.
The measure, if passed in its current form, would allow parents to seek damages such as medical costs, emotional distress and funeral expenses, among others.
“Why should there be a different standard of care in the medical profession when they are caring for the child inside of a woman’s body? It doesn’t make any sense to me,” Grall said Tuesday in committee.
Grall has introduced the measure for three consecutive years, but it’s repeatedly stalled amid legal and political concerns.
Some legislators said they fear the measure would lead to a flood of litigation. Others fear it may lead to litigation at some point against abortion providers.
“We’re often very open to consumers having the ability to utilize the courts. But this, to me is an abuse, and it’s done for political and religious purposes, not for civil justice,” said Democratic Sen. Tina Polsky of Boca Raton.
The bill narrowly cleared its first committee stop Tuesday, with at least one Republican voting against the measure.
It faces an uncertain path in Tallahassee, where earlier versions have failed to reach the governor’s desk.