Montana Code Annotated
Part 7. Montana Abortion-Inducing Drug Risk Protocol Act
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:
(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.
History: En. Sec. 12, Ch. 309, L. 2021.

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