Media Contact

ACLU of Florida Media Office, [email protected]

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

HB 289’s vague language would create unnecessary legal risks, making it harder for pregnant patients to access timely medical care and discouraging OB/GYNs from working in Florida. By creating additional barriers to care, the bill would make it harder for Floridians—particularly those living in rural and low-income areas— to access essential prenatal and emergency healthcare.

Kara Gross, Interim Political Director, shared the following:

“Given that approximately 1 in 4 pregnancies end in miscarriage, this bill is ripe for abuse. By pushing this bill forward, legislators are inviting irreparable harm to pregnant patients and deepening Florida’s maternal healthcare system crisis.

“This far-reaching and overly broad bill allows any person who impregnates someone else — including an abusive ex-partner or rapist — to bring a lawsuit for damages 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.

“By allowing 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.

“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.

“This bill will lead to doctors and hospitals denying necessary healthcare for fear of being sued. 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. This bill will only deepen the crisis.”