This bill — known as the Born-Alive Abortion Survivors Protection Act — would require healthcare providers to give “reasonably diligent and conscientious care” to an infant born-alive following an attempted abortion. Providers would have to take appropriate steps to save the infant’s life given its age and health, and immediately transport and admit the infant to the hospital. Failing to comply with those requirements would be punishable by fines or up to five years in prison, and if a person’s actions actively lead to the death of a born-alive infant they could be tried for murder. The mother of the child couldn’t be prosecuted under this bill, as it only applies to healthcare providers.
If a healthcare provider, or an employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with these requirements, they are legally responsible for reporting the incident to a state or federal law enforcement agency.
Women who give birth to born-alive infants could file civil lawsuits against healthcare providers. The loser of the civil suit would pay the winner’s attorney’s fees, and legal awards could include:
Compensation for physical and psychological injury.
Statutory damages up to three times the cost of the abortion or attempted abortion.
And punitive damages.