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The state's high court determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth.
"Although there is no majority opinion, four members of this court hold that the statute allows an action for the wrongful death of an unborn child," Chief Justice Christine Durham wrote. "The term 'minor child,' as used in the statute, includes an unborn child."
Interesting. I see the case involved parents whose unborn child was stillborn; they claim the doctor was negligent in not inducing labor earlier. The parents are suing the physician for negligence (I do not know any Utah law; it seems strange that they would not have been able to sue for medical negligence anyway).
The state's high court determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth.
"Although there is no majority opinion, four members of this court hold that the statute allows an action for the wrongful death of an unborn child," Chief Justice Christine Durham wrote. "The term 'minor child,' as used in the statute, includes an unborn child."
A step in the right direction.
A stupid decision. Unborn fetuses are not "minors". They have no rights legal or otherwise. Under that rule then somebody that is 20 years old and 3 months can walk into a liquor store and demand to be served.
The state's high court determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth.
"Although there is no majority opinion, four members of this court hold that the statute allows an action for the wrongful death of an unborn child," Chief Justice Christine Durham wrote. "The term 'minor child,' as used in the statute, includes an unborn child."
A step in the right direction.
Swell, how long, I wonder, before they start collecting food stamps and welfare for them?
Reminds me of a joke......
A lady gets on the bus and asks a man to give her his seat because she is pregnant. He comments that she doesn't really look pregnant and she replies with a coy smile.....
The state's high court determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth.
"Although there is no majority opinion, four members of this court hold that the statute allows an action for the wrongful death of an unborn child," Chief Justice Christine Durham wrote. "The term 'minor child,' as used in the statute, includes an unborn child."
A step in the right direction.
The American Taliban is coming to a place near you. Perhaps we can also adopt Sharia law.
Quote:
Utah Women May Face Murder Charges After Miscarriages
Outrage at bill that could jail women who 'recklessly' endanger unborn children
Quote:
While the main thrust of the law is to enable prosecutors in the majority-Mormon state to pursue women who seek illegal, unsupervised forms of abortion, it includes a provision that could trigger murder charges against women found guilty of an "intentional, knowing or reckless act" that leads to a miscarriage. Some say this could include drinking one glass of wine too many, walking on an icy pavement or skiing.
Another slippery slope for a theocratic based law.
At least 38 states have introduced “foetal homicide laws” and around 300 women in South Carolina alone have been arrested for suspected actions that may or may not have occurred during pregnancy.
Quote:
In one case, a woman’s unborn baby was diagnosed with Down’s syndrome and she declined the doctor’s suggestion to abort. Her baby died after a premature birth and six months later she was arrested at home and retroactively charged with “chemical endangerment” during pregnancy. She denied taking drugs and there was no evidence, but she faces 10 years behind bars.
And who, exactly, would "sue on their behalf"? Since the kid was aborted, there was no power of attorney authorizing anyone to do so. Or is this suggesting that the kid's legal guardian (the mother) would sue herself?
And who, exactly, would "sue on their behalf"? Since the kid was aborted, there was no power of attorney authorizing anyone to do so. Or is this suggesting that the kid's legal guardian (the mother) would sue herself?
Any adult can sue on behalf of a child. There are endless Christian organizations that would be more than happy to stick their nose in your business and provide that service, trust me.
20yrsinBranson
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