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La. Rev. Stat. § 9:2800.12 (2026)

✓ current as of May 2026
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§2800.12. Liability for unlawful termination of a pregnancy

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1999–2023 · leading case: Air Evac EMS, Inc. v. Texas, Dep't of Ins., Div. of Workers' Comp., 851 F.3d 507 (5th Cir. 2017).
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Air Evac EMS, Inc. v. Texas, Dep't of Ins., Div. of Workers' Comp., 851 F.3d 507 (5th Cir. 2017). “at 120 ; see La. Rev. Stat. Ann. § 9:2800.12(A), (B)(2), (C)(2) (excluding abortion procedures from the “laws governing medical malpractice or limitations of liability thereof’).”
Women's Health Clinic v. State, 804 So. 2d 625 (La. 2001). · cites it 5× “12, which imposes tort liability upon abortion providers in favor of "the mother of the unborn child for any damage occasioned or precipitated by the abortion.”
Women's Health Clinic v. State, 825 So. 2d 1208 (La. Ct. App. 2002). · cites it 8× “This matter comes to us on transfer from the Louisiana Supreme Court to review the merits of a trial court judgment after the Supreme Court vacated the portion of the district court judgment declaring LSA-R.S. 9:2800.12 unconstitutional. This statute imposes tort liability on…”
Choice Inc. of Texas v. Bruce Greenstein, 691 F.3d 710 (5th Cir. 2012). “2010); La. Rev. Stat. Ann. § 9:2800.12. Although the en banc court deemed the suit non-justiciable as having been brought against the wrong defendants, it appears that every member of the court agreed that the “self- enforcing nature” of the statute at issue had an “immediate…”
Okpalobi v. Foster, 190 F.3d 337 (5th Cir. 1999). · cites it 5× “” La.Rev.Stat. Ann. § 9:2800.12(0(1) (“Reduction of Damages/Informed Consent Provision”) (emphasis added).”
Doe v. Delta Women's Clinic of Baton Rouge, 37 So. 3d 1076 (La. Ct. App. 2010). “Doe’s suit is based on LSA-R.S. 9:2800.12, which states: A. Any person who performs an abortion is liable to the mother of the unborn child for any damage occasioned or precipitated by the abortion, which action survives for a period of three years from the date of discovery of…”
Free Speech Coalition, Inc. v. LeBlanc (E.D. La. 2023). · cites it 2× “53 Comparing Act 825 to the statutory and constitutional duties of the defendant state officials, the plurality reasoned the defendants had “no ability to enforce Act 825, a purely private tort statute, which can be invoked only by private litigants.”
KP v. LeBlanc, 627 F.3d 115 (5th Cir. 2011). · cites it 2× “The Louisiana statute that the plaintiffs seek to challenge, La. Rev. Stat. Ann. § 9:2800.12, contains an ambiguity which, although not dispositive, is relevant to the standing and Eleventh Amendment analyses.”
Ifeanyi Charles Anthony Okpalobi v. Mike Foster, 190 F.3d 337 (5th Cir. 1999). “11, was redesignated as R.S. 9:2800.12, pursuant to the statutory revision authority of the Louisiana State Law Institute.”
Williams v. Thompson, 145 So. 3d 553 (La. Ct. App. 2014). “R.S. 9:2800.12 A. In light of this analysis, we consider the court’s comments about Art.”
— La. Rev. Stat. § 9:2800.12(A) — 4 cases
Air Evac EMS, Inc. v. Texas, Dep't of Ins., Div. of Workers' Comp., 851 F.3d 507 (5th Cir. 2017). “at 120 ; see La. Rev. Stat. Ann. § 9:2800.12(A), (B)(2), (C)(2) (excluding abortion procedures from the “laws governing medical malpractice or limitations of liability thereof’).”
Okpalobi v. Foster, 190 F.3d 337 (5th Cir. 1999). “” La.Rev.Stat. Ann. § 9:2800.12(0(1) (“Reduction of Damages/Informed Consent Provision”) (emphasis added).”
Free Speech Coalition, Inc. v. LeBlanc (E.D. La. 2023). “53 Comparing Act 825 to the statutory and constitutional duties of the defendant state officials, the plurality reasoned the defendants had “no ability to enforce Act 825, a purely private tort statute, which can be invoked only by private litigants.”
KP v. LeBlanc, 627 F.3d 115 (5th Cir. 2011). “The Louisiana statute that the plaintiffs seek to challenge, La. Rev. Stat. Ann. § 9:2800.12, contains an ambiguity which, although not dispositive, is relevant to the standing and Eleventh Amendment analyses.”
— La. Rev. Stat. § 9:2800.12(B)(2) — 1 case
Okpalobi v. Foster, 190 F.3d 337 (5th Cir. 1999). “” La.Rev.Stat. Ann. § 9:2800.12(0(1) (“Reduction of Damages/Informed Consent Provision”) (emphasis added).”
— La. Rev. Stat. § 9:2800.12(C)(2) — 1 case
Free Speech Coalition, Inc. v. LeBlanc (E.D. La. 2023). “53 Comparing Act 825 to the statutory and constitutional duties of the defendant state officials, the plurality reasoned the defendants had “no ability to enforce Act 825, a purely private tort statute, which can be invoked only by private litigants.”
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