HB 289 Advances in Florida’s House Judiciary Committee, Threatening Access to Reproductive and Maternal Healthcare

TALLAHASSEE — This morning, HB 289 advanced in the House Judiciary committee. If enacted, it would allow anyone who impregnates another person to file a lawsuit over a miscarriage or an abortion. The bill would prompt frivolous lawsuits against healthcare providers, hospitals, and even friends and family members who help someone access reproductive care.

HB 289 contains vague language that would create unnecessary legal risks for healthcare providers and hospitals, making it harder for pregnant patients to access timely medical care and discouraging OB/GYNs from working in Florida. All Floridians, and particularly those living in rural and low-income areas, would experience more barriers to accessing essential prenatal and emergency healthcare.

Kara Gross, Interim Political Director, shared the following:

“We’ve said this before, and we’ll say it again: by moving this bill forward, politicians are inviting irreparable harm to pregnant patients and deepening Florida’s maternal healthcare system crisis.

“It will particularly impact rural counties like Liberty, Franklin, Glades, Dixie, Jefferson, Calhoun, and so many more areas will start to see fewer OB/GYNs available in their area and fewer resources available for maternal care.

“HB 289 is so far-reaching and overly broad that it allows any person who impregnates someone else — including an abusive ex-partner or rapist — to bring harassing litigation against individuals, doctors, hospitals, private businesses, and governmental entities for a loss of pregnancy from the moment of fertilization, by simply alleging that they were at fault.

“This increased liability exposure will be devastating to any health care practitioner or hospital that treats pregnant patients, and is especially dangerous to OB/GYNs who specialize in high-risk pregnancies.

“By allowing these frivolous lawsuits at 'any stage of development,’ the bill would allow abusers to sue on behalf of a fertilized egg, an alarming escalation that would further endanger pregnant patients' access to reproductive healthcare in a state already operating under a dangerous near-total abortion ban.

“If the goal was to protect pregnant people, there are already laws in place that protect against malpractice and protect against another person’s negligence resulting in a loss of a pregnancy. This bill is unnecessary for those purposes, and the fear of having to defend against harassing lawsuits will result in doctors and hospitals delaying and denying critical healthcare to pregnant patients. Additionally, the threat of having to defend against lawsuits and having to pay money damages will likely result in fewer OB/GYNs willing to practice in Florida.

“Access to prenatal care in Florida is already strained, putting pregnant patients and dedicated OB/GYNs under tremendous pressure. All this bill would do is deepen the crisis.”