§ 20-16-1507 — Civil remedies and professional sanctions

Arkansas § 20-16-1507

• Jurisdiction: Arkansas
• Title: 20

Text

(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. (f) Upon a finding of the Arkansas State Medical Board that a physician failed to comply with the requirements of this subchapter, the board shall revoke the physician's medical license.

Legislative History

Amended by Act 2023, No. 702,§ 1, eff. 8/1/2023. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.