Guam § 91 - Civil and Administrative Action.

§ 91. 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

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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.

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