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20-16-1507. Civil remedies and professional sanctions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1507. Civil remedies and professional sanctions.
(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for:
(1) A civil malpractice action for actual and punitive damages;
(2) A professional disciplinary action under § 16-114-201 et seq.; and
(3) Recovery for the woman's survivors for the wrongful death of the woman under § 16-62-102.
(b) A civil liability may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed.
(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(e) 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 shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1507
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-16-1507
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 92eaabd5277afd199f435b0e1bbee3218c0990b9656c37e7ccc51a5d7a8ca6be
Source location: content.xml paragraph 13939
Stored source content
20-16-1507. Civil remedies and professional sanctions.
(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for:
(1) A civil malpractice action for actual and punitive damages;
(2) A professional disciplinary action under § 16-114-201 et seq.; and
(3) Recovery for the woman's survivors for the wrongful death of the woman under § 16-62-102.
(b) A civil liability may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.
(c) When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the drug-induced abortion was performed.
(d) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(e) 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 shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-114-201. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Action for medical injury” means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section;
(2) “Medical care provider” means a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home healthcare agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee, or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services; and
(3) “Medical injury” or “injury” means any adverse consequences arising out of or sustained in the course of the professional services being rendered by a medical care provider to a patient or resident, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-114-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-114-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-62-102. Wrongful death actions — Survival.
(a)(1) Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person or the unborn child as defined in § 5-1-102 injured, and although the death may have been caused under such circumstances as amount in law to a felony.
(2) The cause of action created in this subsection shall survive the death of the person wrongfully causing the death of another and may be brought, maintained, or revived against the personal representatives of the person wrongfully causing the death of another.
(3) A person is not liable under this subsection when the death of the unborn child results from:
(A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further;
(B) The fault of the pregnant woman carrying the unborn child;
(C) Assisted reproduction technology activity, procedure, or treatment;
(D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or
(E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration.
(b) Every action shall be brought by and in the name of the personal representative of the deceased person. If there is no personal representative, then the action shall be brought by the heirs at
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-62-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-62-102. This identifies an authority to review, not proof of applicability.