State may make it easier to sue doctors over abortions

Bill extends allowed suing period to 10 years

By Gary Fineout
Associated Press

TALLAHASSEE, Fla. (AP) — Women who have abortions in Florida would find it easier to sue the doctors who performed the procedure, under a contentious bill now moving through the state House.

But it’s unclear if the legislation — which has been opposed by some Republicans — will become law since there’s no companion measure moving through the state Senate.

A House panel on Wednesday narrowly approved a bill that would give women more time to sue physicians for physical or emotional injuries stemming from abortions.

Most legal claims arising from medical procedures must be filed within four years, but the bill would allow lawsuits to be filed for up to 10 years following the abortion.

Rep. Erin Grall, a Vero Beach Republican sponsoring the legislation, says the change will help women who may not understand all the consequences of an abortion because they weren’t properly informed before they consented to the procedure.

But the legislation is opposed by those who support abortion rights as well as groups that represent Florida doctors.

Dr. Douglas Murphy, an Ocala-based obstetrician, called the measure “punitive.”

“This bill seeks to intimidate physicians who perform abortions,” said Murphy, who added that he doesn’t perform them as part of his practice.

The bill was approved 9-7 in the House Health Care Quality subcommittee. Two Republicans voted with Democrats in opposition. House Speaker Richard Corcoran added House Majority Leader Ray Rodrigues to the panel shortly before the vote in order to ensure were enough votes to pass it. The legislation has one more stop before it reaches the full House.

A House analysis states that similar legislation was passed in the 1990s in South Dakota and Louisiana. The South Dakota law was struck down in a legal challenge, but the Louisiana version withstood several lawsuits.