50-4-1005. Private cause of action for subsequent harm. (1) Any health care professional or physician who provides the medical treatments prohibited in 50-4-1004(1)(a) or (1)(b) is strictly liable to that person if the medical treatment or the after-effects of the medical treatment result in any injury, including physical, psychological, emotional, or physiological harms, within the next 25 years.

(2) Except as provided in subsection (3), a person who suffers an injury described in subsection (1) or the person's legal guardian or estate may bring a civil action with respect to the injury or for any violation of 50-4-1004 within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the medical treatment and the injury against the offending health care professional or physician in a court of competent jurisdiction for:

(a) declaratory or injunctive relief;

(b) compensatory damages, including but not limited to pain and suffering, loss of reputation, loss of income, and loss of consortium, including the loss of expectation of sharing parenthood;

(c) punitive damages;

(d) any other appropriate relief; and

(e) attorney fees and costs.

(3) (a) If, at the time the person subjected to medical treatment discovers the injury and the causal relationship between the medical treatment and the injury, the person is under legal disability, the limitation period in subsection (2) does not begin to run until the removal of the disability.

(b) The limitation period in subsection (2) does not run during a time period when the individual is subject to threats, intimidation, manipulation, fraudulent concealment, or fraud perpetrated by the health care professional or physician who provided the medical treatment described in subsection (1) or by any person acting in the interest of the health care professional or physician.

(4) A health care professional or physician may not be indemnified for potential liability under this section.

(5) The attorney general may bring an action to enforce compliance with this section.

(6) This section does not deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state, acting under any law other than this section, to institute or intervene in any proceeding.