Florida Senate Committee Advances Bill Threatening Access to Reproductive and Maternal Healthcare

TALLAHASSEE — Yesterday, SB 164 advanced in the Senate Judiciary Committee, a bill that would allow anyone who impregnates another person to file a lawsuit over an abortion or miscarriage. If enacted, this proposed bill could open the door for lawsuits against healthcare providers, hospitals, and even friends and family members who help someone access reproductive care.

By creating new legal risks, SB 164 would make it harder for pregnant patients to access timely medical care as well as discourage OBGYNs from working in Florida. With limited access to doctors and additional barriers to care, Floridians, particularly those living in rural and low-income areas, would face increased challenges in accessing essential prenatal and emergency healthcare.

Kara Gross, Legislative Director for the ACLU of Florida, shared the following:

“SB 164 is back before the Florida Legislature this session with the same deeply concerning issues as last year.

“This bill allows any person who impregnates another to file a lawsuit for money damages against doctors and hospitals providing abortion care, as well as the friends and family members who help their loved one access such care. Nowhere in the bill does it prevent an abusive partner, ex-partner, or rapist from suing the loved ones of an individual who had an abortion.

“With such broad and vague language, this bill could unleash a flood of frivolous lawsuits, enabling abusive ex-partners to target any individual, business, private, or public entity that they allege was responsible for a miscarriage from the moment of fertilization.

“The bill sponsor says that this bill is about allowing grieving expecting parents to seek financial compensation if they lose their pregnancy in an accident. But under current Florida law, parents can already recover for the loss of their pregnancy under these types of circumstances.

“The reality is that the threat of having to defend against frivolous lawsuits and having to pay money damages will likely result in fewer OB/GYNs willing to practice in Florida. As more and more OB/GYNs leave Florida for states where they are not subject to civil lawsuits, the quality of prenatal care in Florida will continue to decline— a trend already reflected in reports showing worsening maternal healthcare in the state.

“We have grave concerns– as should lawmakers— that this overly broad bill will lead to doctors and hospitals delaying and denying critical healthcare for fear of being sued.”