Okla. Stat. tit. 63, § 63-1-738.3f

A woman upon whom an abortion has been performed in negligent

violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b

of Title 63 of the Oklahoma Statutes, or the parent or legal

Oklahoma Statutes - Title 63. Public Health and Safety Page 331

guardian of the woman if she is an unemancipated minor, as defined

in Section 1-740.1 of Title 63 of the Oklahoma Statutes, may

commence a civil action against the abortion provider, against the

prescriber of any drug or chemical intended to induce abortion, and

against any person or entity which referred the woman to the

abortion provider or prescriber and which knew or reasonably should

have known that the abortion provider or prescriber had acted in

violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b

of Title 63 of the Oklahoma Statutes for actual damages and, in

cases of gross negligence, for punitive damages. The measure of

damages shall include damages for the mental anguish and emotional

distress of the plaintiff, in addition to all damages available for

the wrongful death of the child whose life was aborted in negligent

violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b

of Title 63 of the Oklahoma Statutes, notwithstanding any exception

for abortion provided in Section 1053 of Title 12 of the Oklahoma

Statutes. Whether the individual or entity committed an abortion in

negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2

or 1-740.4b of Title 63 of the Oklahoma Statutes shall be determined

by the trier of fact in the civil action by the greater weight of

the evidence. Unless the defendant can prove to the trier of fact

by the greater weight of the evidence that the abortion was

performed on a child who was already dead from natural causes before

the abortion, and that the defendant informed the plaintiff that the

child was already dead at the time of the abortion, it shall be a

rebuttable presumption that if an abortion was performed, that the

child whose life was aborted was alive until the abortion was

performed, and was capable eventually of living a normal human

lifespan had the abortion not occurred.