Relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.
Impact
The proposed changes significantly affect the legal landscape surrounding abortion and wrongful death claims in Texas. By explicitly stating that wrongful death actions cannot be brought against certain healthcare professionals when the abortion is legally conducted, the bill intends to protect medical practitioners from potential legal repercussions, thereby influencing their willingness to provide abortion services. This reflects a broader trend in legislative actions concerning reproductive rights and the legal treatment of unborn children.
Summary
House Bill 5237 seeks to amend the Civil Practice and Remedies Code in Texas by clarifying the parameters under which wrongful death claims related to unborn children can be made, specifically in the context of abortion. The bill ensures that claims for wrongful death of an unborn child resulting from an abortion are distinct and not applicable against the mother, physicians, or healthcare providers involved in the lawful medical procedure under specific conditions. This aims to provide a legal framework regarding the liability of medical professionals in cases of abortions.
Contention
There are notable points of contention surrounding HB 5237, particularly in how it delineates the rights and responsibilities of mothers and healthcare providers in abortion-related contexts. Proponents of the bill may argue that it offers necessary protections to healthcare providers, ensuring that they are not unduly punished for performing legal abortions within a defined framework. Conversely, opponents might criticize the bill as further entrenching restrictions on reproductive rights and diminishing accountability for medical practitioners in cases involving abortions.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 71. Wrongful Death; Survival; Injuries Occurring Out Of State
Relating to an exemption from abortion restrictions for unemancipated minors and the repeal of provisions regarding notice and consent to those abortions.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to protection of individuals from participation in a health care service for reasons of conscience; providing a civil remedy; authorizing disciplinary action.