House File 2098 - Introduced HOUSE FILE 2098 BY HEARTSILL , SHEETS , ALONS , SALMON , SCHULTZ , WINDSCHITL , GASSMAN , and HESS A BILL FOR An Act establishing a civil cause of action for physical injury 1 or emotional distress resulting from an abortion. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5693YH (3) 85 pf/nh

H.F. 2098 Section 1. NEW SECTION . 686.1 Cause of action —— abortion 1 resulting in physical injury or emotional distress. 2 1. A woman upon whom an abortion has been performed may 3 maintain a cause of action against the physician who performed 4 the abortion to recover damages for any physical injury or 5 emotional distress, whether or not independent of the physical 6 injury, proximately caused as the result of the physician’s 7 negligence or failure to obtain informed consent prior to 8 performance of the abortion. 9 2. Notwithstanding any law to the contrary regarding 10 limitations of actions, an action under this section may be 11 brought within ten years from and after the performance of the 12 abortion. However, if the woman is a minor at the time the 13 abortion is performed, the limitation is extended in favor of 14 the minor so that the action may be brought within ten years 15 from and after the minor’s attainment of majority as provided 16 in section 599.1. 17 3. The signing of a consent form by the woman prior to the 18 abortion shall not negate the cause of action, but may reduce 19 the recovery of damages to the extent that the content of the 20 consent form informed the woman of the risk of the type of 21 injuries for which the woman is seeking damages. 22 4. This section shall not be construed to render any other 23 statutory or common law cause of action for medical malpractice 24 otherwise available inapplicable to abortion procedures or 25 diminish the nature or the extent of those causes of action. 26 The cause of action expressly specified in this section is in 27 addition to any other statutory or common law cause of action. 28 5. A cause of action shall not be brought under this section 29 if the abortion was performed due to a medical emergency. 30 6. For the purposes of this section: 31 a. “Abortion” means abortion as defined in section 146.1. 32 b. “Damages” means all special and general damages which 33 are recoverable in tort for injuries incurred by the woman 34 including but not limited to actual and punitive damages. 35 -1- LSB 5693YH (3) 85 pf/nh 1/ 3

H.F. 2098 c. “Emotional distress” means a severe, debilitating, and 1 persistent negative emotional or mental reaction including 2 but not limited to mental anguish, fright, nervousness, 3 grief, anxiety, worry, mortification, shock, humiliation, and 4 indignity, as well as physical pain. 5 d. “Informed consent” means the duty of a physician to 6 disclose all facts about the nature of the procedure, the risks 7 of the procedure, and the alternatives to the procedure that a 8 reasonable patient would consider significant to the patient’s 9 decision to undergo or forego an abortion. 10 e. “Medical emergency” means any condition which, on the 11 basis of the physician’s good faith clinical judgment, so 12 complicates the medical condition of a pregnant woman as to 13 necessitate the immediate abortion of her pregnancy to avert 14 her death or for which a delay will create serious risk of 15 substantial and irreversible impairment of a major bodily 16 function. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill establishes a cause of action that may be 21 maintained by a woman upon whom an abortion has been performed 22 against the physician who performed the abortion to recover 23 damages for any physical injury or emotional distress 24 proximately caused as the result of the physician’s negligence 25 or failure to obtain informed consent prior to performance of 26 the abortion. The action may be brought within 10 years from 27 and after the performance of the abortion. However, if the 28 woman is a minor when the abortion is performed, the limitation 29 is extended in favor of the minor so that the action may be 30 brought within 10 years from and after the minor’s attainment 31 of majority. The bill provides that the signing of a consent 32 form by the woman prior to the abortion does not negate the 33 cause of action, but may reduce the recovery of damages to 34 the extent that the content of the consent form informed 35 -2- LSB 5693YH (3) 85 pf/nh 2/ 3

H.F. 2098 the woman of the risk of the type of injuries for which the 1 woman is seeking damages. The bill also provides that other 2 existing statutory or common law causes of action for medical 3 malpractice are not to be construed to be rendered inapplicable 4 to abortion procedures or diminish the nature or the extent 5 of those causes of action. The cause of action expressly 6 specified in the bill is in addition to any other statutory or 7 common law cause of action. A cause of action is prohibited 8 under the bill if the abortion was performed due to a medical 9 emergency. 10 The bill defines “abortion”, “damages”, “emotional 11 distress”, “informed consent”, and “medical emergency” for the 12 purposes of the bill. 13 -3- LSB 5693YH (3) 85 pf/nh 3/ 3