{"data":{"id":"us-ky/krs-311.824","jurisdiction":"us-ky","citation":"KRS 311.824","heading":"Additional remedies for failure to comply with KRS  311.823.","body":"In  addition to whatever  remedies  are  available under  the laws  of this\nCommonwealth,  failure to comply with the requirements of KRS 311.823 shall:\n(1) Provide a basis for a civil action for compensatory and punitive damages. Any\nconviction under KRS  311.823 shall be admissible in a civil suit as prima facie\nevidence of a failure to provide medically appropriate and reasonable medical\ncare and treatment to a born-alive infant. Any civil action may be based on a\nclaim that the death of or injury to the born-alive infant was a result of simple\nnegligence, gross negligence, wantonness, willfulness, intentional conduct, or\nanother violation of the legal standard of care;\n(2) Provide a basis for professional disciplinary action for the suspension or\nrevocation of the license of a physician, physician assistant, advanced practice\nregistered nurse, nurse, or pharmacist. A conviction of any physician, physician\nassistant, advanced practice registered nurse, nurse, or pharmacist for failure\nto comply with KRS  311.823(2) shall result in the automatic suspension of his\nor her license for a period of at least one (1) year and the license shall be\nreinstated after that time only under such conditions as the licensing body shall\nrequire to ensure compliance with KRS 311.823; and\n(3) Provide a basis for recovery for the parent of the infant, or the parent or\nguardian of the mother if the mother is a minor, for the wrongful death of the\ninfant, whether or not the infant was viable at the time the attempted abortion\nwas performed.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50605","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"5ffd4c25fae47313605fb30f3c4edca0a0624c77965e5a82355074eadd4d7657","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.823","next":"us-ky/krs-311.825"},"notice":"GroundRules: Original legal text. Not legal advice."}