2019 Mississippi Code
Title 41 - Public Health
Chapter 41 - Surgical or Medical Procedures; Consents
Mississippi Unborn Child Protection From Dismemberment Abortion Act
§ 41-41-159. Civil remedies
(1) Only in the event a cause of action for injunctive relief under Section 41-41-157 has been denied by a court of competent jurisdiction, a cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 41-41-155 may be maintained by:
(a) Any woman upon whom a dismemberment abortion has been performed in violation of Section 41-41-155;
(b) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(c) If the woman had not attained the age of eighteen (18) years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(2) No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff’s criminal conduct.
(3) Damages awarded in such an action shall include:
(a) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion; and
(b) Statutory damages equal to three (3) times the cost of the dismemberment abortion.
