Civil and Administrative Action

In addition to whatever remedies are available under the common or statutory laws of Guam, failure to comply with the requirements of this Act shall:

(a)provide a basis for a civil action for compensatory and punitive damages. Any conviction under this Act shall be admissible in a civil suit as prima facie evidence of a failure to provide medically appropriate and reasonable care and treatment to a born-alive infant. Any civil action may be based on a claim that the death of or injury to the born-alive infant was a result of simple negligence, gross negligence, wantonness, willfulness, intentional conduct, or another violation of the legal standard of care;

(b)provide a basis for professional disciplinary action for the suspension or revocation of any license of physicians, licensed and registered nurses, or other licensed or regulated persons. Any conviction of any person for any failure to comply with the COL10312014 CH. 91 INFANT CHILD’S RIGHT TO LIFE ACT requirements of this Act shall result in the automatic suspension of his or her license for a period of at least one year, and shall be reinstated after that time only under such conditions as shall be required to ensure compliance with this Act; and

(c)provide a basis for recovery for the parent(s) of the infant, or the parent(s) or guardian(s) of the mother if the mother is a minor, for the wrongful death of the infant whether or not the infant was viable at the time abortion was performed. ---------- COL10312014