New federal law expands liability for abortion providers with treble damages
S. 6 — Born-Alive Abortion Survivors Protection Act · Filed by James Lankford (R-OK) · 50 cosponsors · Introduced Jan 15, 2025
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What it does
This bill creates a federal crime for health care practitioners who fail to provide the same level of medical care to infants born alive during or after an abortion as they would to any other newborn, and requires immediate hospital admission. It imposes criminal penalties (up to 5 years imprisonment), mandatory reporting by medical staff, and creates a civil right of action for the woman to sue for damages including treble damages and punitive damages. The mother herself cannot be prosecuted.
Why we flagged it
The bill's operative mechanism is to impose criminal and civil liability on health care practitioners for failure to provide standard care to born-alive infants. While framed as a protection measure, its primary functional effect is to expand legal exposure and create new causes of action against abortion providers and clinics.
What the text implies
- Treble damages and punitive damages provisions may create financial incentives for litigation that exceed actual harm, potentially chilling abortion provision even in cases where practitioners comply with the duty of care.
- Mandatory reporting requirement applies to all hospital and clinic employees, not just practitioners, creating broad surveillance and reporting obligations that may extend beyond the bill's stated purpose.
The full analysis lists 5 implications of this text.
Who stands to gain
plaintiff's attorneys (mandatory fee awards in successful civil actions); medical malpractice insurers (increased claims volume)