Montana Code 50-20-712. Civil remedies and professional sanctions
50-20-712. Civil remedies and professional sanctions. (1) In addition to all other remedies available under the laws of this state, failure to comply with the requirements of this part:
Terms Used In Montana Code 50-20-712
- Abortion: means the act of using or prescribing an instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that termination by those means will with reasonable likelihood cause the death of the unborn child. See Montana Code 50-20-703
- attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
- chemical abortion: means a medicine, drug, or any other substance provided with the intent of terminating the clinically diagnosable pregnancy of a woman with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. See Montana Code 50-20-703
- 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 the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)provides a basis for a civil malpractice action for actual and punitive damages;
(b)provides a basis for professional disciplinary action under Title 37 for the suspension or revocation of the license of a health care provider; and
(c)provides a basis for recovery for the woman’s survivors for the wrongful death of the woman under 27-1-513.
(2)Civil liability may not be imposed against the pregnant woman on whom the chemical abortion is attempted or performed.
(3)When requested, the court shall allow a woman to proceed using solely the woman’s initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman on whom the chemical abortion was attempted or performed.
(4)If judgment is rendered in favor of the plaintiff, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(5)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 fees in favor of the defendant against the plaintiff.