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 act shall:
1. Provide a basis for a civil malpractice action for actual and punitive damages;
2. Provide a basis for a professional disciplinary action; and
3. Provide a basis for recovery for the woman's survivors for the wrongful death of the woman.
B. 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 attempted, induced or performed.
C. 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.
D. 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.
E. A cause of action for injunctive relief against a person who has provided an abortion-inducing drug in violation of this act may be maintained by:
1. A woman to whom such an abortion-inducing drug was provided;
2. A person who is the spouse, parent or guardian of, or a current or former licensed health care provider of, a woman to whom such an abortion-inducing drug was provided; or
3. A prosecuting attorney with appropriate jurisdiction.
The injunction shall prevent the defendant from providing further abortion-inducing drugs in violation of this act.
Added by Laws 2021, c. 578, § 11, eff. Nov. 1, 2021.