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Tennessee Code Title 63. Professions of the Healing Arts § 63-6-1106

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) In addition to all other remedies available under the laws of this state, failure to comply with this part:

(1) Provides a basis for a civil malpractice action for actual and punitive damages;

(2) Provides a basis for professional disciplinary action under this title or title 68 for the suspension or revocation of the license of a healthcare provider or facility;

(3) Provides a basis for recovery for the patient's survivors for the wrongful death of the patient under a wrongful death action; and

(4) Provides a basis for a cause of action for injunctive relief against an individual who has provided an abortion-inducing drug in violation of this part to prevent the enjoined defendant from providing further abortion-inducing drugs in violation of this part. The action may be maintained by:

(A) A patient to whom the abortion-inducing drug was provided;

(B) An individual who is the spouse, parent, or guardian of, or a current or former licensed healthcare provider of, a patient to whom the abortion-inducing drug was provided; or

(C) A prosecuting attorney with appropriate jurisdiction.

(b) Civil liability shall not be imposed against a patient on whom a chemical abortion is attempted or performed.

(c) When requested, the court shall allow a patient to proceed using solely the patient's initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the patient on whom the chemical abortion was attempted or performed.

(d) 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.

(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 may render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

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Cite this article: FindLaw.com - Tennessee Code Title 63. Professions of the Healing Arts § 63-6-1106 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-63-professions-of-the-healing-arts/tn-code-sect-63-6-1106/

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