(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for:
(1) A civil malpractice action for actual and punitive damages;
(2) A professional disciplinary action under § 16-114-201 et seq.; and
(3) Recovery for the woman's survivors for the wrongful death of the woman under § 16-62-102.
(b) A civil liability may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed.
(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(e) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
Section: Previous 20-16-1502 20-16-1503 20-16-1504 20-16-1505 20-16-1506 20-16-1507 20-16-1508 20-16-1509 20-16-1510 NextLast modified: November 15, 2016