HB 1338 allows wrongful death suits on behalf of unborn

It’s expected the legislation could lead to legal actions against abortion doctors in alleged botched abortion cases.

The bill says: “Whenever the death of any person or of any unborn child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn.”

Planned Parenthood Southeast Director of Public Policy Felicia Brown-Williams said the organization has concerns about the bill “because it could have serious unintended consequences, and the language is so broad that it is unclear what the full impact could be.”

The bill, filed by state Rep. Chris Brown, R-Aberdeen, passed the House 78-37. It now goes to the Senate.

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