Court allows wrongful death lawsuit after miscarriage

Lawyer Interviews

The Alabama Supreme Court has ruled that a woman can pursue a wrongful-death lawsuit against an obstetrician after a miscarriage when she was five to six weeks pregnant.

Justices on Friday reversed a trial judge's order dismissing the wrongful-death claim.

In the civil case ruling, the justices cited a 2009 state law making it a crime to kill or harm "an unborn child in utero at any stage of development."

The case involved a newly pregnant woman experiencing abdominal cramping and fever. The physician suspected an ectopic pregnancy and administered an injection to stop the progression. It was determined later that the pregnancy was uterine.

The woman sued, arguing that the injection caused pregnancy loss. The physician said that the pregnancy was already failing and that she followed standard practices.

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Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.

We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.

Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.

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