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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Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.