Medical Malpractice Newsletters

Attorneys Fees

Attorneys Fees

Constitutionality of Statutory Damage Caps

Constitutionality of Statutory Damage Caps

Duty of Mental Health Professionals to Warn Third Parties of Threats by Patients

Duty of Mental Health Professionals to Warn Third Parties of Threats by Patients

Recovery for the Death of a Fetus

Whether or not a parent may maintain a cause of action against a negligent healthcare provider for the death of a fetus generally depends on the laws of the jurisdiction in which the medical care was given. The issue is determined on the basis of the definition of the word "person" in the state's wrongful death statute. There is usually some line of demarcation in the statute - a critical stage of development after which an action may be pursued by parents for the death of that fetus. In most jurisdictions, a parent is entitled to maintain an action to recover for the wrongful death of a fetus after the fetus is developed enough to live apart from its mother. Only a few courts have upheld such an action regardless of the viability of the fetus.

Retained Foreign Bodies and Medical Malpractice

Retained Foreign Bodies and Medical Malpractice