Schedule a Free Consultation 888-692-7403 203-800-7343
Lynch, Traub, Keefe & Errante, p.c.

$2.85 Million Medical Malpractice |  $2.5 Million Medical Malpractice | $12 Million Sexual Assault | $4.25 Million Airplane Crash | $2.15 Million Medical Malpractice | $2.3 Million Motor Vehicle Accident | $1 Million Motor Vehicle Accident | $1.25 Million Motor Vehicle Accident | $4 Million Motor Vehicle Accident | $3.9 Million Airplane Crash | $3.5 Million Motor Vehicle Accident | $3.25 Million Railroad Electrical Accident | $3 Million Negligent Hiring | $1.3 Million Medical Malpractice | $1.3 Million Medical Malpractice | $1 Million Medical Malpractice

Case to decide whether fetus can support wrongful death claim

Since the U.S. Supreme Court released its decision in Roe v. Wade in 1973, the heated debate over when a fetus becomes a “person” for illegal abortion charges has plagued the legal systems as both sides try to push their agenda. Now the same debate is the focus of a wrongful death lawsuit filed in Connecticut. The case involves a 22-week-old fetus that was born alive but then died as the result of a medical procedure performed on the mother.

The doctor who has been sued in the case is accused of rupturing the fetal membrane while removing an intrauterine birth control device. The suit alleges that the doctor was negligent in not performing a pregnancy test on the mother before undertaking the procedure to ensure that there would be no risk to a fetus.  The fetus was born 10 days after the IUD procedure and died about two hours later.

The entire case revolves around the legal definition of when a fetus is a person for purposes of a wrongful death suit. According to Roe v. Wade, a fetus is considered viable at 22 to 24 weeks. Her doctor asserted that a fetus that can’t survive outside the womb is not a viable “person” but those arguments were rejected in August, clearing the way for the case to head to trial.

While there is no existing Connecticut case law on whether a fetus that was born alive but still unviable can support a wrongful death claim, a 2010 criminal case used the “born-alive rule” as the standard in wrongful death and criminal homicide cases. That standard says that “personhood” depends on whether a child is born alive and that definition will certainly be at the center of the litigation.

The complexity of the case, while based on unusual facts, demonstrates the intricate nature of wrongful death litigation. Winning or losing a case can hinge on a small detail that must be proven. An attorney who has tried wrongful death cases in Connecticut can be helpful in recovering the compensation you deserve.

Source: ABC News, “Court case takes up issue of when fetuses become people,” Dave Collins, Oct. 21, 2015

No Comments

Leave a comment
Comment Information

Contact The Attorneys Of Lynch, Traub, Keefe & Errante Free Consultation

When you are facing a difficult legal situation, you need to take immediate action to protect your rights and your ability to secure the resolution you want. The lawyers of Lynch, Traub, Keefe & Errante can help you.

Schedule Your Free Consultation Today Fill out the form below to contact us or call 888-692-7403

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response