(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a:
(1) Civil malpractice action for actual and punitive damages; and
(2) Professional disciplinary action under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
(b) A civil liability shall not be assessed against the woman upon whom the abortion is performed.
(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close the proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed or attempted.
(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 20-16-1702 20-16-1703 20-16-1704 20-16-1705 20-16-1706 20-16-1707 20-16-1708 20-16-1709 20-16-1710 20-16-1711 NextLast modified: November 15, 2016