68-11-1811 - Violations Intentional misconduct Penalties.
68-11-1811. Violations Intentional misconduct Penalties.
(a) A health care provider or institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of two thousand five hundred dollars ($2,500), or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees and costs.
(b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance directive or a revocation of an advance directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance directive, is subject to liability to that individual for damages of two thousand five hundred dollars ($2,500), or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees and costs.
[Acts 2004, ch. 862, § 1.]