Senate File 26 - Introduced SENATE FILE 26 BY CHELGREN 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 1158XS (3) 87 pf/nh

S.F. 26 Section 1. NEW SECTION . 686.1 Cause of action —— abortion 1 resulting in 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 emotional distress, 5 whether or not independent of the physical injury, proximately 6 caused as the result of the physician’s negligence or failure 7 to obtain informed consent prior to performance of the 8 abortion. 9 2. Notwithstanding any law to the contrary regarding 10 limitations of actions, an action under this section may be 11 brought at any time during the lifetime of the woman. 12 3. The signing of a consent form by the woman prior to the 13 abortion shall not negate the cause of action, but may reduce 14 the recovery of damages to the extent that the content of the 15 consent form informed the woman of the risk of the type of 16 injuries for which the woman is seeking damages. 17 4. This section shall not be construed to render any other 18 statutory or common law cause of action for medical malpractice 19 otherwise available inapplicable to abortion procedures or 20 diminish the nature or the extent of those causes of action. 21 The cause of action expressly specified in this section is in 22 addition to any other statutory or common law cause of action. 23 5. A cause of action shall not be brought under this section 24 if the abortion was performed due to a medical emergency. 25 6. For the purposes of this section: 26 a. “Abortion” means abortion as defined in section 146.1. 27 b. “Damages” means all special and general damages which 28 are recoverable in tort for injuries incurred by the woman 29 including but not limited to actual and punitive damages. 30 c. “Emotional distress” means a severe, debilitating, and 31 persistent negative emotional or mental reaction including 32 but not limited to mental anguish, fright, nervousness, 33 grief, anxiety, worry, mortification, shock, humiliation, and 34 indignity, as well as physical pain. 35 -1- LSB 1158XS (3) 87 pf/nh 1/ 3

S.F. 26 d. “Informed consent” means the duty of a physician to 1 disclose all facts about the nature of the procedure, the risks 2 of the procedure, and the alternatives to the procedure that a 3 reasonable patient would consider significant to the patient’s 4 decision to undergo or forego an abortion. 5 e. “Medical emergency” means any condition which, on the 6 basis of the physician’s good faith clinical judgment, so 7 complicates the medical condition of a pregnant woman as to 8 necessitate the immediate abortion of her pregnancy to avert 9 her death or for which a delay will create serious risk of 10 substantial and irreversible impairment of a major bodily 11 function. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill establishes a cause of action that may be 16 maintained by a woman upon whom an abortion has been performed 17 against the physician who performed the abortion to recover 18 damages for any emotional distress, whether or not independent 19 of a physical injury, proximately caused as the result of the 20 physician’s negligence or failure to obtain informed consent 21 prior to performance of the abortion. The action may be 22 brought at any time during the lifetime of the woman. The 23 bill provides that the signing of a consent form by the woman 24 prior to the abortion does not negate the cause of action, 25 but may reduce the recovery of damages to the extent that the 26 content of the consent form informed the woman of the risk of 27 the type of injuries for which the woman is seeking damages. 28 The bill also provides that other existing statutory or common 29 law causes of action for medical malpractice are not to be 30 construed to be rendered inapplicable to abortion procedures or 31 diminish the nature or the extent of those causes of action. 32 The cause of action expressly specified in the bill is in 33 addition to any other statutory or common law cause of action. 34 A cause of action is prohibited under the bill if the abortion 35 -2- LSB 1158XS (3) 87 pf/nh 2/ 3

S.F. 26 was performed due to a medical emergency. 1 The bill defines “abortion”, “damages”, “emotional 2 distress”, “informed consent”, and “medical emergency” for the 3 purposes of the bill. 4 -3- LSB 1158XS (3) 87 pf/nh 3/ 3