(1) A person aggrieved by a violation of this part may maintain an action for relief
as provided in this section.
(2) The court may order the health care provider or other person to comply with this
part and may order any other appropriate relief.
(3) A disciplinary or punitive action may not be taken against a health care provider
or the provider's employee or agent who brings evidence of a violation of this part
to the attention of the patient or an appropriate authority.
(4) If the court determines that there is a violation of this part, the aggrieved
person is entitled to recover damages for pecuniary losses sustained as a result of
the violation and, in addition, if the violation results from willful or grossly negligent
conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any
(5) If a plaintiff prevails, the court may assess reasonable attorney fees and all
other expenses reasonably incurred in the litigation.
(6) An action under this part is barred unless the action is commenced within 3 years
after the cause of action accrues.
(7) A health care provider who relies in good faith upon certification pursuant to
50-16-812 is considered to have received reasonable assurances and is not liable for disclosures
made in reliance on that certification.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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