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Does Death of an Unborn Child Constitute Wrongful Death in Georgia?

Few family tragedies cause as much grief as the death of a child—especially the death of a child caused by another's negligence or wrongdoing.  Yet the right of parents to sue for the wrongful death of an unborn child varies by state.
Fortunately, Georgia wrongful death law does provide the right to recover for the wrongful death of an unborn child under a rule that is more generous to parents than in most other states.
The wrongful death of an unborn child can occur when:

• A fetus dies because the mother is killed, or
• The mother survives, but the fetus sustains injuries which lead to its death in utero or at the time of its delivery

Possible causes of the wrongful death of a child include:

• Motor accidents
• Defective products
• Medical malpractice
• Injuries suffered on unsafe premises
• Physical assault
• Crimes of violence

When a pregnant woman is killed in a manner that gives rise to a wrongful death cause of action, a wrongful death lawyer in Georgia is likely to be able to help you bring a wrongful death cause of action for her unborn child as well.

If a child dies during delivery due to medical negligence or malpractice, a wrongful death cause of action may arise.
A wrongful death attorney in Georgia can explain the law

For a wrongful death claim made on behalf of the unborn child to be successful, it must be demonstrated that the fetus was viable at the time of death—and here Georgia follows a rule that is more generous to parents than the law is in most other states.

In Georgia, viability is defined as the time of "quickening"—when the mother can feel the child moving in her womb.
Most states that recognize a claim for the wrongful death of an unborn child define a viable fetus as one that has reached the stage where it is capable of living outside the womb, either on its own or with the aid of life support.  The medical consensus is that this usually occurs around 24 weeks of gestation.

But "quickening occurs earlier. Medical literature suggests quickening often occurs as early as at 18 weeks and can occur several weeks earlier than that. Published opinions in Georgia courts say it may occur as early as the 10th week of pregnancy.

Because "quickening occurs earlier, Georgia law is more favorable to parents when an unborn child is killed or sustains fatal injuries earlier in a pregnancy. If a pregnant woman does not survive to testify that she has felt her baby move, a Georgia wrongful death attorney can use testimony from expert medical witnesses to establish the viability of the baby.

If you or a family member has suffered the death of an unborn baby due to another party’s negligence or wrongful act, you may be able to pursue a wrongful death action. Learn your rights by consulting the Georgia wrongful death attorneys of the Henry Spiegel Milling law firm, 1-866-959-3877.