{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/s130-116/featured_born-alive-abortion-survivors-protection-act-1549177470.jpg","featured_large":"https://assets.causes.com/bill/photo/s130-116/featured_large_born-alive-abortion-survivors-protection-act-1549177470.jpg","shareable":"https://n.causes.com/share-images/bills/s130-116.png"},"introduced_on":"2019-01-15","title_override":"Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions","summary_override":"

This bill ― the Born-Alive Abortion Survivors Protection Act ― would require healthcare providers to provide “reasonably diligent and conscientious care” to an infant born alive following an attempted abortion. Providers would have to take the appropriate steps to save the life of an infant given its age and health, and immediately transport and admit the infant to a hospital. If a healthcare provider fails to comply with these requirements they could be punished with fines or up to five years in prison, or be tried for murder if their actions lead to the death of a born alive infant. The mother of the child that is born alive could not be prosecuted under this legislation, as it only applies to healthcare providers.

If a healthcare provider, or employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with the requirements established by this bill, they would be 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 suits against healthcare providers and could be awarded:

Compensation for physical and psychological injury;
Statutory damages for up to three times the cost of the abortion or attempted abortion; and
Punitive damages.

The loser of a civil suit would be required to pay the winner’s attorney’s fees.

","official_title":"A bill to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.","short_title":"Born-Alive Abortion Survivors Protection Act","popular_title":null,"short_summary":"Born-Alive Abortion Survivors Protection ActThis bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion. A health care practitioner who is present must (1) exercise the same degree of care as reasonably provided to another child born alive at the same gestational age, and (2) immediately admit the child to a hospital. The bill also requires a health care practitioner or other...","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Women seeking abortions, born alive infants, health care providers, and federal and state law enforcement.","argument_for":"Infants born following an attempted abortion have rights under the Constitution just like any other person. Healthcare providers who fail to provide the necessary medical care should be held criminally accountable and charged with murder if the infant dies.\n","argument_against":"Partisan politics and fear-mongering, rather than legitimate legal or medical needs, are the motivation behind this bill. 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The US has high infant mortality rate anyway. So do we charge all docs with murder is a baby dies under their care?.... Or do we charge parents for murder if their baby dies under their care of something they didn't know about?.... Anything to shove anti-abortion","show_argument_for":false,"show_argument_against":true,"upvote_count":0,"upvotes_for_count":null,"upvotes_against_count":0,"has_upvoted":false,"endorsement_count":0,"links":{"self":"https://www.causes.com/positions/a6d880ab-0e42-4e6f-8e77-f5d7b46af9cb"},"body":"Babies die all the time. The US has high infant mortality rate anyway. So do we charge all docs with murder is a baby dies under their care?.... Or do we charge parents for murder if their baby dies under their care of something they didn't know about?.... 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Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions