311.7739 Legal actions upon failure to comply with KRS 311.7731 to 311.7739.
189 words·~1 min read·
/ky/chapter-311/311-7739A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In addition to the remedies available under the laws in this state, failure to
comply with KRS 311.7731 to 311.7739 shall:
(a)Provide a basis for a civil malpractice action for actual and punitive
damages;
(b)Provide a basis for a professional disciplinary action under KRS 411.167;
and
(c)Provide a basis for recovery for a pregnant patient's survivors for the
wrongful death of the patient under KRS 411.130.
(2)When requested, the court shall allow a patient to proceed using only the
patient's initials or a pseudonym and may close any proceedings in the case
and enter other protective orders to preserve the privacy of the patient upon
whom the drug-induced abortion was attempted, induced, or performed.
(3)If judgment is rendered in favor of the plaintiff, the court shall also render
judgment for reasonable attorney's fees in favor of the plaintiff against the
defendant.
(4)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 may render
judgment for reasonable attorney's fees in favor of the defendant against the
plaintiff.