#TINY PLANET DOCTOR FETUS CODE#

The doctor assured Sanchez that the baby 'was very strong and that she shoud not worry,' allegedly negligently ignoring Sanchez's request that she be induced and other signs of distress. '(The doctor) negligently told plaintiff Sanchez that if it were actually time for her to have the baby that she would hurt much more than she did at that time,' the lawsuit states. When she felt the baby's heartbeat was growing faint at an April 14 ultrasound, Sanchez told her doctor that she believed it was time that she was induced for labor as her body was responding similar to the way it had just before induction in her previous two pregnancies and because it was only one day before her due date. Sanchez suffered preeclampsia in her previous two pregnancies and because of her age, the pregnancy was classified as 'high risk.' One ultrasound also indicated that the baby might have a condition known as 'double bubble,' which can cause Down syndrome, the lawsuit states.Īlthough there is no majority opinion, four members of this court hold that the statute allows an action for the wrongful death of an unborn child. Amelia Sanchez, the child's mother, was 39 years old at the time and had concerns about the baby's health on April 14, the day before her official due date. District Court, where a couple sued a government-subsidized health clinic after their son was delivered stillborn.Īccording to the complaint filed in 2007, the couple's deceased son was delivered on April 20, 2006. The question of whether Utah’s wrongful death statute allowed for action on behalf of an unborn child came before to the state's high court from U.S. It is usage specific to anti-abortion political rhetoric - an issue with which we are not concerned here.' 'In fact, the usage of 'minor child' to refer to a fetus is far from being general.

'I believe that our state’s populace would find the reference to a fetus as a 'minor child' quite bizarre,' he wrote. He argued that the majority idea that the term 'minor child' would include an unborn fetus is 'quite bizarre.' Nehring said the logic of his four fellow justices is wrong 'because (1) the plain meaning of 'minor child' does not include a fetus, (2) a wrongful death cause of action may only be recognized through clear legislative direction, and (3) a construction of 'minor child' that encompasses an unborn fetus creates absurd results under our laws.' I believe that our state's populace would find the reference to a fetus as a 'minor child' quite bizarre.

Justice Ronald Nehring issued a dissenting opinion in the case.

#TINY PLANET DOCTOR FETUS CODE#

She said current Utah code would allow for a wrongful death action as soon as the child is conceived. The statute does not itself define the term 'minor child,' but in general usage the term 'child' may refer to a young person, a baby, or a fetus.' In her opinion, which was supported by Justice Jill Parrish, Durham wrote that a look at the 'plain language' of the phrase 'reveals that the term 'minor child,' as used in this statute, includes an unborn child. 'The term 'minor child,' as used in the statute, includes an unborn child.' 'Although there is no majority opinion, four members of this court hold that the statute allows an action for the wrongful death of an unborn child,' Chief Justice Christine Durham wrote. While the Utah Supreme Court justices did not issue a single majority opinion in the case, four of the five justices, through differing logic, came to the same conclusion. The decision stemmed from a case of a Utah County couple who filed a lawsuit after their child was stillborn in 2006. SALT LAKE CITY - The state's high court has determined that an unborn child qualifies as a minor child and, therefore, wrongful death lawsuits may be filed on behalf of those who die before birth. Reading or replaying the story in its archived form does not constitute a republication of the story. Information in the story may be outdated or superseded by additional information. This archived news story is available only for your personal, non-commercial use.

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