Kentucky Statutes 311.824 – Additional remedies for failure to comply with KRS 311.823
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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.
Effective:January 22, 2021
History: Created 2021 Ky. Acts ch. 1, sec. 4, effective January 22, 2021.
Commonwealth, failure to comply with the requirements of KRS § 311.823 shall:
Terms Used In Kentucky Statutes 311.824
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Year: means calendar year. See Kentucky Statutes 446.010
(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.
Effective:January 22, 2021
History: Created 2021 Ky. Acts ch. 1, sec. 4, effective January 22, 2021.