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Can you file a wrongful death lawsuit for an unborn child’s death?

On Behalf of | Nov 30, 2022 | Wrongful Death

Wrongful death is something you may think applies when a loved one dies in a car accident or a work accident. You may not think about it applying to the death of your unborn child.

But Texas law does allow for this claim in some situations, depending on how your unborn child died.

Applicable situations

The law says that you can claim wrongful death if your baby dies due to negligence or an intentional act by someone else. But you should note there are exceptions for an unborn child.

Exceptions

The exceptions are in place to help prevent prosecution in the case of a miscarriage or abortion. The mother cannot face any claims for wrongful death in any situation. Doctors are not liable if they were acting in a professional manner and performing requested services.

Example

A situation in which you might have a wrongful death claim for an unborn child would be if you are in a car accident that causes the baby’s death. If the other person was at fault and only his or her actions led to the death, then you may have a case. On the other hand, if you are the mother and decide to get an abortion, nobody can sue you or the healthcare professionals providing you services for wrongful death.

The bottom line with wrongful death and the loss of an unborn baby is whether the mother consented to the termination of the pregnancy. The law aims to balance the right to life and the pregnant mother’s right to choose. Ultimately, if the mother loses the baby and never consented to the termination, it could be a wrongful death situation.