Wrongful Death Before Birth

May 20, 2019 Published Work
For the Defense, a DRI publication

Wiggin and Dana attorneys Erika L. Amarante and Laura Ann P. Keller have written an article in the May edition of For the Defense, DRI’s monthly magazine for defense, insurance and corporate counsel. Entitled “Wrongful Death Before Birth,” the article reviews the circumstances under which an unborn fetus might assert a claim for wrongful death due to medical negligence.  Not surprisingly, whether and when a fetus can legally assert a wrongful death claim differs dramatically in different states. The article offers a survey of the varying thresholds for recognizing such a claim and ends with some practical advice for the attorneys who defend these lawsuits.

To read the full article, click here.