Kentucky Statutes 311.7739 – Legal actions upon failure to comply with KRS 311.7731 to 311.7739
Current as of: 2024 | Check for updates
|
Other versions
(1) In addition to the remedies available under the laws in this state, failure to comply with KRS § 311.7731 to KRS § 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.
Effective:April 14, 2022
History: Created 2022 Ky. Acts ch. 210, sec. 11, effective April 14, 2022.
(a) Provide a basis for a civil malpractice action for actual and punitive damages;
Terms Used In Kentucky Statutes 311.7739
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.
Effective:April 14, 2022
History: Created 2022 Ky. Acts ch. 210, sec. 11, effective April 14, 2022.