Senate panel narrowly advances controversial bill allowing wrongful death lawsuits for fetuses

A bill allowing wrongful death lawsuits to be filed when an unborn child dies narrowly advanced through a first Senate committee vote.

The Senate Judiciary Committee OK’d SB 164 via a 5-4 vote that drew a spirited debate and divided Republicans, the majority party in Tallahassee.

Sen. Tom Leek and Sen. Kathleen Passidomo, both Republicans, joined Democratic Sens. Lori Berman and Tina Scott Polsky in opposing the bill to codify civil liability for the death of a fetus “at any stage of development,” including the point of conception.

Leek and Passidomo did not expand on their views before voting.

Sen. Rosalind Osgood, a Democrat, and Sen. Nick DiCeglie, a Republican, did not attend Tuesday’s committee hearing. It’s unclear whether their attendance would have affected the outcome.

Sen. Erin Grall filed a similar bill that died in the committee process last Session, although a companion bill cleared the House.

Bringing the issue back in her new bill, Grall argued Florida needs wrongful death protections for the unborn in the wake of Roe v. Wade being overturned. Under the proposed changes, parents would be able to recover civil damages for a fetus’s death in the same way they could if their minor child dies, Grall said.

Her bill clarifies that a wrongful death lawsuit could not be brought against the mother of the unborn child nor a medical provider who is giving “lawful medical care.”

Republicans said 15 states have similar laws in place, while other states tie their laws to the fetuses’ viability.

But Mark Delegal, a lobbyist representing The Doctors Company, the largest insurer of physicians in Florida, warned that the bill could have dire consequences in the health care industry.

“This bill is going to contribute to an increased cost of practicing medicine,” he said, arguing doctors’ insurance would go up and they may decide not to treat high-risk pregnancies in order to avoid potential lawsuits.

“This is going to discourage physicians from continuing to practice obstetrical care. And the sad reality of this bill, the very people who need this obstetrical care the most in Florida are not going to get it,” he said.

He argued Grall’s carve-out to protect doctors “means nothing” and said doctors would still be at risk for being sued if the bill passes.

Democrats voiced fears that Grall’s bill was another effort to outlaw abortion, which is legal until six weeks in most cases. Polsky said she was concerned abusers could file lawsuits if their significant other gets an abortion and sue medical providers or people who helped the woman obtain the procedure.

Republicans countered, arguing Democrats’ fears were overblown and that other states with similar laws in place did not face any radical consequences.

“Let’s be clear: This bill isn’t about justice for grieving parents. It’s part of a long-term strategy to strip away our freedom to make personal health care decisions,” said Michelle Grimsley Shindano, Director of Policy and Government Affairs for Planned Parenthood Florida Action, in a statement after the vote.

“SB 164 could be the beginning of a slippery slope where the state treats embryos and fetuses as ‘persons’ under the law.”