Bill Text: IA SF333 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act establishing a civil cause of action for physical injury or emotional distress resulting from an abortion.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-16 - Subcommittee, Quirmbach, Boettger, and Petersen. S.J. 83. [SF333 Detail]
Download: Iowa-2013-SF333-Introduced.html
Senate
File
333
-
Introduced
SENATE
FILE
333
BY
ERNST
A
BILL
FOR
An
Act
establishing
a
civil
cause
of
action
for
physical
injury
1
or
emotional
distress
resulting
from
an
abortion.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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333
Section
1.
NEW
SECTION
.
686.1
Cause
of
action
——
abortion
1
resulting
in
physical
injury
or
emotional
distress.
2
1.
A
woman
upon
whom
an
abortion
has
been
performed
may
3
maintain
a
cause
of
action
against
the
physician
who
performed
4
the
abortion
to
recover
damages
for
any
physical
injury
or
5
emotional
distress,
whether
or
not
independent
of
the
physical
6
injury,
proximately
caused
as
the
result
of
the
physician’s
7
negligence
or
failure
to
obtain
informed
consent
prior
to
8
performance
of
the
abortion.
9
2.
Notwithstanding
any
law
to
the
contrary
regarding
10
limitations
of
actions,
an
action
under
this
section
may
be
11
brought
at
any
time
during
the
lifetime
of
the
woman.
12
3.
The
signing
of
a
consent
form
by
the
woman
prior
to
the
13
abortion
shall
not
negate
the
cause
of
action,
but
may
reduce
14
the
recovery
of
damages
to
the
extent
that
the
content
of
the
15
consent
form
informed
the
woman
of
the
risk
of
the
type
of
16
injuries
for
which
the
woman
is
seeking
damages.
17
4.
This
section
shall
not
be
construed
to
render
any
other
18
statutory
or
common
law
cause
of
action
for
medical
malpractice
19
otherwise
available
inapplicable
to
abortion
procedures
or
20
diminish
the
nature
or
the
extent
of
those
causes
of
action.
21
The
cause
of
action
expressly
specified
in
this
section
is
in
22
addition
to
any
other
statutory
or
common
law
cause
of
action.
23
5.
A
cause
of
action
shall
not
be
brought
under
this
section
24
if
the
abortion
was
performed
due
to
a
medical
emergency.
25
6.
For
the
purposes
of
this
section:
26
a.
“Abortion”
means
abortion
as
defined
in
section
146.1.
27
b.
“Damages”
means
all
special
and
general
damages
which
28
are
recoverable
in
tort
for
injuries
incurred
by
the
woman
29
including
but
not
limited
to
actual
and
punitive
damages.
30
c.
“Emotional
distress”
means
a
severe,
debilitating,
and
31
persistent
negative
emotional
or
mental
reaction
including
32
but
not
limited
to
mental
anguish,
fright,
nervousness,
33
grief,
anxiety,
worry,
mortification,
shock,
humiliation,
and
34
indignity,
as
well
as
physical
pain.
35
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333
d.
“Informed
consent”
means
the
duty
of
a
physician
to
1
disclose
all
facts
about
the
nature
of
the
procedure,
the
risks
2
of
the
procedure,
and
the
alternatives
to
the
procedure
that
a
3
reasonable
patient
would
consider
significant
to
the
patient’s
4
decision
to
undergo
or
forego
an
abortion.
5
e.
“Medical
emergency”
means
any
condition
which,
on
the
6
basis
of
the
physician’s
good
faith
clinical
judgment,
so
7
complicates
the
medical
condition
of
a
pregnant
woman
as
to
8
necessitate
the
immediate
abortion
of
her
pregnancy
to
avert
9
her
death
or
for
which
a
delay
will
create
serious
risk
of
10
substantial
and
irreversible
impairment
of
a
major
bodily
11
function.
12
EXPLANATION
13
This
bill
establishes
a
cause
of
action
that
may
be
14
maintained
by
a
woman
upon
whom
an
abortion
has
been
performed
15
against
the
physician
who
performed
the
abortion
to
recover
16
damages
for
any
physical
injury
or
emotional
distress
17
proximately
caused
as
the
result
of
the
physician’s
negligence
18
or
failure
to
obtain
informed
consent
prior
to
performance
of
19
the
abortion.
The
action
may
be
brought
at
any
time
during
the
20
lifetime
of
the
woman.
The
bill
provides
that
the
signing
of
a
21
consent
form
by
the
woman
prior
to
the
abortion
does
not
negate
22
the
cause
of
action,
but
may
reduce
the
recovery
of
damages
23
to
the
extent
that
the
content
of
the
consent
form
informed
24
the
woman
of
the
risk
of
the
type
of
injuries
for
which
the
25
woman
is
seeking
damages.
The
bill
also
provides
that
other
26
existing
statutory
or
common
law
causes
of
action
for
medical
27
malpractice
are
not
to
be
construed
to
be
rendered
inapplicable
28
to
abortion
procedures
or
diminish
the
nature
or
the
extent
29
of
those
causes
of
action.
The
cause
of
action
expressly
30
specified
in
the
bill
is
in
addition
to
any
other
statutory
or
31
common
law
cause
of
action.
A
cause
of
action
is
prohibited
32
under
the
bill
if
the
abortion
was
performed
due
to
a
medical
33
emergency.
34
The
bill
defines
“abortion”,
“damages”,
“emotional
35
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