§327G-11 - Statutory damages.
[§327G-11] Statutory damages. (a) A
supervising health care provider or health care institution that intentionally
violates this chapter shall be liable to the principal or the principal's
estate for damages of $500 or actual damages resulting from the violation,
whichever is greater, and reasonable attorney's fees. The damages payable in
this section shall be in addition to any other damages permitted by law.
(b) A person who intentionally alters,
conceals, obliterates, or falsifies an individual's advance mental health care
directive or a revocation of an advance mental health care directive without
the individual's consent, or who coerces or fraudulently induces an individual
to give, revoke, or not to give an advance mental health care directive, shall
be subject to liability to that individual for damages of $2,500 or actual
damages resulting from the action, whichever is greater, and reasonable
attorney's fees. [L 2004, c 224, pt of §2]