Bill Status of SB1083 93rd General Assembly
Short Description: INDUCED BIRTH INFANT LIABILITY
Sen. Richard J. Winkel, Jr.
| 1/11/2005||Senate||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Induced Birth Infant Liability Act and amends the State Finance Act. Provides that, if a child is born alive after an induced labor abortion or other abortion, a parent of the child or the public guardian may maintain an action on the child's behalf for damages, including costs of care to preserve and protect the life, health, and safety of the child, punitive damages, and costs and attorney's fees, against a hospital, health care facility, or health care provider who harms or neglects the child or fails to provide medical care to the child after the child's birth. Provides that damages shall be used to pay for the cost of preserving and protecting the life, health, and safety of the child. Provides that, if the child does not survive, the balance remaining after the costs of preserving and protecting the life, health, and safety of the child are paid shall be deposited into the Neonatal Care and Perinatal Hospice Fund, a special fund in the State treasury. Provides that the Fund shall be used by the Department of Public Health to make grants for neonatal care or perinatal hospice.