House Bill No. [insert number] amends R.S. 9:2800.12 to establish a cause of action for the unlawful termination of a pregnancy, allowing the mother of an unborn child to seek damages against any person or entity that knowingly performs or substantially facilitates an abortion. The bill defines "abortion" and "abortion-inducing drug" in accordance with existing law and specifies that actions for damages must be initiated within five years of discovering the damage, with a ten-year peremptive period from the date of the abortion. The bill also introduces a rebuttable presumption that medical malpractice laws apply to healthcare providers practicing within their lawful scope.

Additionally, the bill outlines the types of damages that can be recovered, including statutory damages of at least $100,000 for the provision of abortion-inducing drugs, special and general damages for injuries, and exemplary damages for reckless disregard for the law. It explicitly states that certain individuals, such as the woman upon whom the abortion was performed and licensed healthcare providers, cannot be sued under this section. The bill also allows individuals to proceed anonymously to protect the privacy of the woman involved and is titled the "Justice for Victims of Abortion Drug Dealers Act."

Statutes affected:
HB575 Original:
HB575 Engrossed:
HB575 Reengrossed:
HB575 Enrolled: