The Alabama Supreme Court, on the last day of 2016, unanimously ruled that a wrongful death lawsuit can proceed.
What makes this statement extraordinary is that the wrongful death in question is of a “non-viable fetus,” a pre-born baby who allegedly died as the result of malpractice by a doctor.
We have had such cases in Colorado, but Colorado law doesn’t allow for a wrongful death lawsuit since a pre-born baby is not considered to be a human being in Colorado but rather the equivalent of property.
Alabama is one of seven states “to allow wrongful-death actions before the pre-born child becomes viable.”
Significant in this decision is the place of the “viability standard” which has featured prominently in abortion laws throughout the country. The Alabama Supreme Court rejected viability as an “incoherent standard.”
The proper standard, of course, is that the pre-born child is a human being from the moment of conception. As such, the pre-born child should be protected like any other human being.
It is great to hear a court, especially a state supreme court, tell the truth! Let us work to bring the truth to our Colorado courts!