Oklahoma Senate Bill SB1816

Oklahoma 2024 Regular Session

• Introduced: 2/5/24
• Refer: 2/6/24

Caption

Abortion; broadening conditions for liability in certain wrongful death actions; directing certain entitlement and apportionment of damages. Effective date.

Impact

The bill seeks to broaden the scope of damages recoverable in wrongful death actions, allowing for punitive damages against any parties deemed responsible for unlawfully facilitating an abortion. Specifically, the bill stipulates that if a plaintiff can prove that an unlawful abortion caused the death of an unborn person, they may be entitled to recover a minimum of five million dollars in punitive damages from each responsible party. Such provisions are expected to create a chilling effect on abortion services in the state, which has already enacted various restrictions in recent years.

Summary

Senate Bill 1816 is a legislative proposal in Oklahoma that pertains to wrongful death actions, specifically in the context of abortion. This bill amends existing legislation concerning wrongful death claims and expands the conditions under which liability can be assigned to medical practitioners. One notable change is the clear differentiation and definitions concerning wrongful acts that cause the death of an unborn child, especially in the scenario of unlawful abortions. This indicates a significant shift towards emphasizing the legal rights of the unborn in wrongful death cases, which could result in increased liability for healthcare providers involved in abortion procedures.

Contention

A significant point of contention surrounding SB1816 includes its implications for healthcare providers, particularly obstetricians and gynecologists. The new stipulations may lead to increased legal risks for these professionals and could potentially discourage them from providing abortion services due to fear of litigation. Furthermore, the bill will invoke debates regarding the rights of women to make decisions about their reproductive health and the implications of legal liability on reproductive healthcare access in Oklahoma. Advocacy groups from both sides of the abortion debate are likely to mobilize in response to this legislation, reflecting the ongoing political divide on the issue.