A case for medical malpractice is moving forward involving the death of a newborn born at only 18 weeks.
A case out of Michigan is bringing attention to the state’s laws regarding unborn children. The case involves a woman who suffered the loss of an unborn child due to a physician’s negligent care. The negligence caused the woman to go into labor at 18 weeks. The infant did not survive.
Historically, courts in Michigan did not allow suits involving pregnancies that were less than 24 weeks along. The Court of Appeals ruled in favor of the plaintiff, allowing the lawsuit to move forward based on a review of the state’s wrongful death statute.
There are laws at both the state and federal levels that provide protection to the fetus. Two primary examples recently discussed in a University of Michigan publication designed to provide guidance for medical professionals in the OB/GYN field include:
Even with the vast array of advances in medicine, not every pregnancy results in a healthy infant. In very rare cases, genetic or other factors result in a fetus that is not viable. In others, the negligent or reckless act of a health care provider or other third party leads to needless injury or death of the fetus.
Establishing these claims can be a complex process. As a result, those who believe they are the victims of this or a similar medical malpractice claim are wise to seek the counsel of an experienced Michigan medical malpractice lawyer. This legal professional will advocate for your rights, working to better ensure a more favorable outcome.
3049 Miller Road
Ann Arbor, MI 48103