311.824 Additional remedies for failure to comply with KRS 311.823.
252 words·~1 min read·
/ky/chapter-311/311-824A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to whatever remedies are available under the laws of this Commonwealth, failure to comply with the requirements of KRS 311.823 shall:
(1)Provide a basis for a civil action for compensatory and punitive damages. Any
conviction under KRS 311.823 shall be admissible in a civil suit as prima facie
evidence of a failure to provide medically appropriate and reasonable medical
care and treatment to a born-alive infant. Any civil action may be based on a
claim that the death of or injury to the born-alive infant was a result of simple
negligence, gross negligence, wantonness, willfulness, intentional conduct, or
another violation of the legal standard of care;
(2)Provide a basis for professional disciplinary action for the suspension or
revocation of the license of a physician, physician assistant, advanced practice
registered nurse, nurse, or pharmacist. A conviction of any physician, physician
assistant, advanced practice registered nurse, nurse, or pharmacist for failure
to comply with KRS 311.823(2) shall result in the automatic suspension of his
or her license for a period of at least one
(1)year and the license shall be
reinstated after that time only under such conditions as the licensing body shall
require to ensure compliance with KRS 311.823; and
(3)Provide a basis for recovery for the parent of the infant, or the parent or
guardian of the mother if the mother is a minor, for the wrongful death of the
infant, whether or not the infant was viable at the time the attempted abortion
was performed.