SB2961 Relating to wrongful death actions arising from the death of an unborn child resulting from an abortion.

↓Restricts abortion access model confidence 90%

Removes the exemption from wrongful death suits for deaths of unborn children resulting from abortions (while keeping exemptions for other lawful procedures), allowing more civil suits for abortion-related fetal deaths and thereby reducing legal access to abortion.

This subchapter does not apply to a claim for the death of an individual who is an unborn child that: ... (2) is the result of an abortion, as defined by Section 245.002, Health and Safety Code.

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↓Restricts abortion access model confidence 85%

Eliminates the prior exemption shielding physicians, providers, and drug administrators from wrongful death claims when an unborn child's death results from a lawful abortion, exposing them to liability and thereby reducing legal access to abortion.

(c) This subchapter does not apply to a claim for the death of an individual who is an unborn child that: (1) is brought against: (A) the mother of the unborn child; (B) a physician or other licensed health care provider, if the death is the intended result of a lawful medical procedure performed by the physician or health care provider with the requisite consent; ... or (2) is the result of an abortion, as defined by Section 245.002, Health and Safety Code.

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