HCS HB 1339 -- MEDICAL MALPRACTICE

SPONSOR:  Stevenson (Muschany)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 10 to 1.

This substitute changes the laws regarding medical malpractice by
revising the definitions of "health care provider" to exclude
persons, hospitals, or abortion facilities for medical
malpractice claims that involve performing or inducing an
abortion that is not the result of a medical emergency and
"health care services" to exclude services involved in performing
or inducing an abortion that is not the result of a medical
emergency.

The substitute specifies that the General Assembly will not
provide civil liability protections to health care providers who
perform or induce abortions that are not the result of medical
emergencies.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the bill removes the caps on
tort lawsuits due to pain and suffering which are the most
significant damages associated with abortion procedures.  The
bill will be an added disincentive to abortion in Missouri.  The
current tort law disadvantages those suing for damages related to
abortion procedures because the law requires plaintiffs to
procure an affidavit from a colleague of the abortion doctor in
order to file suit.  Because there are so few abortion doctors in
Missouri, it is an impediment to bringing a lawsuit.  The long-
term effects of abortion are damaging to women, especially women
who have the procedure at a young age.

Testifying for the bill were Representative Muschany; Missouri
Catholic Conference; Campaign Life Missouri; Missouri Family
Network; and Missouri Right to Life.

OPPONENTS:  Those who oppose the bill say that the bill
discourages abortion providers and is a disincentive for getting
an abortion which is an affront to the constitutionally protected
right to reproductive freedom for women.  The proponents are
using misinformation and distorting the purported effects of
abortion procedures.

Testifying against the bill were Planned Parenthood Affiliates in
Missouri; NARAL Pro-Choice Missouri; and American Civil Liberties
Union of Eastern Missouri.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm