H. B. 3040
(By
Delegate Louisos)
[Introduced
February 17, 2003; referred to the
Committee
on Health and Human Resources then the Judiciary.]
A BILL to amend article forty-two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section nine, relating to providing a woman who
obtains an abortion has a cause of action against any physician who, in
performing an abortion, causes injury to the woman or to her unborn child;
providing that damages may not be limited in spite of the execution of a
consent form; and, providing that the cause of action is not subject to a
statute of limitations.
Be it enacted by the Legislature of West Virginia:
That
article forty-two, chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new
section, designated section nine, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Right of action for injuries.
A
woman who obtains an abortion in this state shall maintain the right to a cause
of action against any abortion provider, including any clinic, hospital,
physician or other health care provider, for bodily injuries sustained by
herself or her unborn child in the course of an abortion procedure. This right
may not be abated or limited by the execution of any consent, waiver or other
document purporting to limit or prohibit a cause of action. A woman's right
hereunder is not subject to any time limitation.
NOTE:
The purpose of this bill is to provide that a woman who obtains an abortion has
a cause of action against any physician who, in performing an abortion, causes
injury to the woman or to her unborn child. The bill also provides that damages
may not be limited in spite of the execution of a consent form and that the
cause of action is not subject to a statute of limitations.
This
section is new; therefore, strike-throughs and underscoring have been omitted.