Florida/Georgia Personal Injury & Workers Compensation

...That the Florida Legislature has sought to protect unborn children is illustrated by other statutes. For example, section 782.09 provides that the "willful killing of an unborn, quick child ... shall be deemed manslaughter." Other examples of legislative intent to protect unborn children can be found in section 797.03(3), proscribing any person from performing or assisting in the performance of an abortion in the third trimester of pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn or unascertained "person" with regard to property rights....

...In her recommended order, the ALJ determined that Dr. Pendergraft's performance of the third trimester abortion in his clinic was contrary to sections 456.072(1)(k) and 458.331(1)(g) in several respects. First, she found that Dr. Pendergraft's conduct violated section 797.03(3), Florida Statutes (2005), which prohibits the performance of such a procedure in a location other than a hospital....

...nvincing evidence that Dr. Pendergraft committed medical malpractice pursuant to section 458.331(1)(t)1., Florida Statutes (2005), by failing to meet the standard of care for performing third trimester abortions as set forth in sections 390.0111 and 797.03....

...The Board approved and accepted the recommended order, including the recommended penalties. On appeal, Dr. Pendergraft argues that the violation of sections 456.072(1)(k) and 458.331(1)(g) cannot serve as the basis for any disciplinary action by the Board because he has not been convicted of violating sections 390.0111 and 797.03....

...final order of the Board. AFFIRMED. LAWSON, J., and PLEUS, JR., R., Senior Judge, concur. NOTES [1] Criminal sanctions are available for violation of this subsection as any person who violates this provision is guilty of a second degree misdemeanor. § 797.03(4), Fla....