A woman upon whom an abortion has been performed in negligent violation of the Oklahoma Statutes, or the parent or legal guardian of the woman if she is not an emancipated minor, may commence a civil action against the abortion provider, against the prescriber of any drug or chemical intended to induce abortion, and against any person or entity which referred the woman to the abortion provider or prescriber and which knew or reasonably should have known that the abortion provider or prescriber had acted in violation of the Oklahoma Statutes.
The suit may be for actual damages and, in cases of gross negligence, for punitive damages. The measure of damages shall include damages for the mental anguish and emotional distress of the plaintiff, in addition to all damages available for the wrongful death of the child whose life was aborted
Unless the defendant can prove by the greater weight of the evidence that the abortion was performed on a child who was already dead from natural causes before the abortion, and that the defendant informed the plaintiff that the child was already dead at the time of the abortion, it shall be a rebuttable presumption that if an abortion was performed, that the child whose life was aborted was alive until the abortion was performed, and was capable eventually of living a normal human lifespan had the abortion not occurred.
If judgment is rendered in favor of the plaintiff the court shall also render judgment for costs including reasonable expert witness fees and for a reasonable attorney fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous, unreasonable or without foundation, the court shall also render judgment for costs including reasonable expert witness fees and for a reasonable attorney fee in favor of the defendant against the plaintiff.
The bill is clearly written to provide women who have been injured due to negligence an opportunity for recourse. In violation of statutes include failing to inform the woman of medical risks, failing to inform the woman of public and private agencies, including adoption agencies and services that are available to assist a woman through pregnancy, upon childbirth, and while the child is dependent.
Failure to receive consent and identification of at least one parent of a minor receiving an abortion will also be grounds for a suit. The law is applicable if a provider violates a state law that requires notification of a minor's parents 48 hours before abortion care.
The women, or the parents or guardians of a minor, would have two years from the time of the abortion procedure to file a suit.
This law takes effect September 1, 2012.