2018 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 16 - Reproductive Health
Subchapter 15 - Abortion-Inducing Drugs Safety Act
§ 20-16-1507. Civil remedies and professional sanctions

Universal Citation: AR Code § 20-16-1507 (2018)
  • (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.

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