On April 8, 2008, a Colorado appeals court overturned a decision, effectively entitling a nonviable, stillborn fetus protection under wrongful-death law.
The ruling overturned a decision made in 2003 by a Muskogee federal judge who decided that the wrongful death law did not apply to still born fetuses.
On Tuesday, the 10th U.S. Circuit Court of Appeals overturned that decision based on a decision made in the Oklahoma Supreme Court which expanded the scope of the wrongful death law.
The purpose of the wrongful death law is to be sure that damages are provided in the instance of a wrongful act that is cased by negligence. The decision ensures that liability can still be established even if the death of the fetus occurs before the birth.
Birth injury attorneys buy New York are working on cases in which fatality or life-long disability has resulted due to birth trauma.
