Lawsuits

New Bill Would Open the Door for Abortion Lawsuits in Florida

Lawsuits

A new bill has advanced to the Florida House for consideration and it is causing a lot of local controversy. The bill would allow women to sue doctors who perform abortions without “informed consent”. Sponsored by Erin Grall, a republican from Very Beach, the bill would give women the right to seek damages for up to 10 years after an abortion if a doctor failed to give adequate information about the physical and psychological harms that can follow the procedure. Prior to this bill, women could only sue abortion providers through medical malpractice claims.

Grall presented the proposed bill to a House Subcommittee, arguing that there was a need for women to have a process that was less time-consuming than medical malpractice cases. Of course, there was plenty of argument over the controversial claims related to psychological harm caused by abortions. Democrat Shevrin Jones asked for evidence to be presented that abortion can cause psychological harm. Gall responded that there was a lack of hard research on this because it is largely underreported. However, she reported that “many women and many organizations” had talked to her about the intense emotional distress that can occur for a woman after having the procedure.

medical malpractice claims

A number of insurance companies and Florida doctors have been strongly opposed to the bill. At one medical malpractice insurance business, spokesman Mark Delegal said that the bill would be incredibly damaging, completely undermining all of the medical malpractice reforms that the Florida House had passed in 2003.

William Large, president of Florida Justice Reform Institute also argued against the bill. “There’s nothing to suggest that current law in insufficient to address the harm suffered by women who have had abortions – certainly nothing that justifies vastly expanding physician liability and treating those injured by abortions differently for all other medical malpractice claimants.”

Christopher Ligori, a Tampa personal injury attorneyErin Foster, a volunteer from Tampa Planned Parenthood, spoke against the bill. “Most of you in this room would not have an audacity if she regretted having a baby, so I don’t know why you deem it acceptable to ask the one in three women like myself why we regret our abortions.”

Democrat Wengay Newton believes the bill is just a cloaked attack on abortion. “I do believe that this is an attempt to eliminate abortions.” However, Republican Ray Wesley Rodrigues said the bill wouldn’t be harmful because it would only impact doctors who didn’t give informed consent, which should be expected no matter where you stand on the abortion issue.

Christopher Ligori, a Tampa personal injury attorney, said the bill definitely brings a lot of questions for the House to consider. “There are a couple different ways to look at this bill. While most want to make this a matter of whether abortion is right or wrong, it’s actually a bill that address whether abortion providers are doing a thorough job in providing the right information to women who are seeking their services.”

If the House passes this bill, it would become the first of its kind in the nation.

http://saintpetersblog.com/bill-allowing-women-sue-doctors-perform-abortions-advances-florida-house/

Save

What Are Class Action Lawsuits?

Law | Lawsuits

A class action lawsuit is not a standard lawsuit where one person gathers its case and sues an individual or a company. In fact, a class action lawsuit is when many people who were wronged by usually a company get together and form a lawsuit on all their behalf. The class action lawsuit can be both a good and a bad thing when it comes to the individual so let us break down the good and the bad.

The good

lawsuits– The class action lawsuit can be responsible for starting the lawsuit in the first place. Many people individually would not sue or would not have the power to sue, but together they have a case that can get them all equal compensation.

– The class action lawsuit can make the company change its ways easier. If an individual would sue a company and the company would decide to settle out of court, they could bury the issue since it’s just a single individual that sued them. When a class action lawsuit gathers lots of people under it, they have a bigger power to force the company to change the same thing for which they are sued.

– Class action lawsuits can bring higher experienced lawyers to the table. In this lawsuit, the best of the lawyers gather to represent the damaged side.

The bad

– The money gets split between lots of people. The more people are in the class action lawsuit, the more the money compensation they get in the end, gets split. So if a company gets successfully sued for millions of dollars, in the end, the damaged individual might just get a couple of thousands of dollars.

lawsuits

– The most injured person in the group gets the same compensation as the least injured. In a class action lawsuit, many people have different levels of being damaged. Due to the nature of the class action lawsuit, everyone in the group ends up with the same amount of compensation no matter the severity of the issue of their injuries.

– Once the class action lawsuit is concluded there can’t be any more legal action taken again. Once the class action lawsuit has been successful and the compensation has been divided no individual from the group can take the company again to court for any reason that can be connected to the class action lawsuit. This stops people from adding new evidence down the line and opening the case again.

All in all, a class action lawsuit can be a good thing for people who don’t have enough money for good representation, and for people that did not know they could be entitled to compensation due to some reason.

But it can also be bad for individuals as they won’t be able to receive the compensation that they deserve. The class action lawsuit remains to be one of the best ways to get a company to pay out for wrongdoing lots of people; the only problem is the amounts they usually pay don’t match the severity of the issues they were sued for.