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Virginia law would let plaintiffs sue over fetus deaths

NEWS IN BRIEF — Posted March 26, 2012

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The Virginia Senate has approved a bill that would let expectant parents sue medical professionals for the alleged wrongful deaths of their fetuses.

The bill, which already has passed the Virginia House, moved to the desk of Gov. Robert McDonnell. At this article's deadline, McDonnell had not yet indicated whether he would sign the measure. The governor has until April 9 to act on the bills sent to him by the General Assembly.

The bill follows recent court opinions across the country allowing people to sue doctors over the deaths of fetuses. The Supreme Court of Alabama ruled Feb. 17 that people may file wrongful death claims whether or not the fetus was able to survive outside the woman's uterus. The Utah Supreme court in December 2011 said a fetus can be defined as a "minor child" for the purposes of suing health professionals. Utah justices, however, split in their opinions about whether a fetus must be viable for a liability recovery to be allowed.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2012/03/26/gvbf0326.htm.

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