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.