FL H0019

Creates a new cause of action allowing women to sue physicians for physical injury, death, or emotional distress resulting from an abortion or failure to obtain informed consent as required by statute.

Signing an informed consent form prior to the abortion does not prevent a woman from bringing a lawsuit under this provision.

Establishes that this cause of action is separate from medical malpractice claims and chapter 766 does not apply, but women can still pursue other statutory or common law medical malpractice actions unless they elect to proceed under this section.

Sets statute of limitations at the later of 4 years from the incident or 4 years from discovery of injury, with an absolute cap of 10 years from the incident; tolls limitations periods while the woman is a minor.

Entitles prevailing plaintiffs to reasonable attorney fees and costs; defines "damages" to include special and general damages recoverable in intentional tort, negligence, survival, or wrongful death actions, including actual and punitive damages.