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What may not constitute wrongful death for an unborn child?

On Behalf of | May 18, 2021 | Personal Injury

Losing a loved one to the negligence of another person may allow you to file a wrongful death lawsuit. It depends on many factors, including the circumstances of the incident.

According to the Texas Constitution and Statutes, the main qualifier for knowing if you have a wrongful death claim is if the person who died could have brought an injury claim to court. If he or she could have, then you have a case. However, if the person who died is an unborn child, the rules are a bit different.

The person responsible

If the death is a result of something the mother does, there is no case. Texas law states that you cannot bring such a lawsuit against the mother.

In addition, if the person who caused the death is a doctor who was operating under the law, then you have no claim. A doctor who is doing his or her job with consent from the mother has no liability for the death of an unborn child.

Other medical associations

You cannot hold any medical professional responsible for the death if he or she is performing a legal procedure whether the death is a direct or indirect result of these actions. Furthermore, if someone administers medication that leads to the death and everything was done following the law, then you cannot file a claim.

One reason for these exceptions is to protect women who choose to have an abortion. It is a legal procedure. The woman gives her consent, which makes the doctor’s or medical professional’s actions valid under the law.