{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-738.3f","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-738.3f","heading":"Civil actions - Damages","body":"A woman upon whom an abortion has been performed in negligent\n\nviolation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b\n\nof Title 63 of the Oklahoma Statutes, or the parent or legal\n\nguardian of the woman if she is an unemancipated minor, as defined\n\nin Section 1-740.1 of Title 63 of the Oklahoma Statutes, may\n\ncommence a civil action against the abortion provider, against the\n\nprescriber of any drug or chemical intended to induce abortion, and\n\nagainst any person or entity which referred the woman to the\n\nabortion provider or prescriber and which knew or reasonably should\n\nhave known that the abortion provider or prescriber had acted in\n\nviolation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b\n\nof Title 63 of the Oklahoma Statutes for actual damages and, in\n\ncases of gross negligence, for punitive damages. The measure of\n\ndamages shall include damages for the mental anguish and emotional\n\ndistress of the plaintiff, in addition to all damages available for\n\nthe wrongful death of the child whose life was aborted in negligent\n\nviolation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b\n\nof Title 63 of the Oklahoma Statutes, notwithstanding any exception\n\nfor abortion provided in Section 1053 of Title 12 of the Oklahoma\n\nStatutes. Whether the individual or entity committed an abortion in\n\nnegligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2\n\nor 1-740.4b of Title 63 of the Oklahoma Statutes shall be determined\n\nby the trier of fact in the civil action by the greater weight of\n\nthe evidence. Unless the defendant can prove to the trier of fact\n\nby the greater weight of the evidence that the abortion was\n\nperformed on a child who was already dead from natural causes before\n\nthe abortion, and that the defendant informed the plaintiff that the\n\nchild was already dead at the time of the abortion, it shall be a\n\nrebuttable presumption that if an abortion was performed, that the\n\nchild whose life was aborted was alive until the abortion was\n\nperformed, and was capable eventually of living a normal human\n\nlifespan had the abortion not occurred.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0c391b478366890dfedf895d9b13daa01027f5dea8120994fe4ec2e6ea9a7664","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-738.3e","next":"us-ok/okla.-stat.-tit.-63-63-1-738.3g"},"notice":"GroundRules: Original legal text. Not legal advice."}