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Published on January 30, 2024
Florida Bill Could Open Door to Litigation Against Abortion Providers, Critics WarnSource: Unsplash/Gayatri Malhotra

Florida lawmakers have introduced a bill that could significantly widen the scope for wrongful death lawsuits in the state, including potential implications for abortion providers. House Bill 651, sponsored by Sen. Erin Grall and Rep. Jenna Persons-Mulicka, aims to allow "parents of an unborn child" to seek civil damages if their fetus is lost due to negligence or a wrongful act, according to WFSU

The bill's expansive nature could open the door to lawsuits at any stage of fetal development, a significant departure from existing laws in many states that only recognize the viability of the fetus — typically around 24 weeks — as the threshold for such claims, Persons-Mulicka has stressed to a House committee that her bill, HB 651, is not related to abortion however critics fear that the vagueness of the bill could invite litigation against healthcare professionals involved in abortions despite the bill specifying that action cannot be brought against the mother, as per WFSU.

Opponents of the measure, like Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates, have openly expressed skepticism. "If this is not a bill to make it more difficult for people to access reproductive healthcare, then they should specify that in the bill language," Goodhue said, as reported by WFSU.

Additionally, Florida law already prohibits the wrongful death of a fetus through criminal penalties but Rep. Ashley Gantt, D-Miami, has pointed out inconsistencies saying, "I just don’t trust the intentions behind [the bill]," according to the Miami Herald.

Miami-Health & Lifestyle