(1) A fetus is not a human being.
(2) Wrongful death suits only apply to purported wrongful deaths of human beings.
(3) Therefore, it is not legitimate to accuse a hospital of being responsible for the wrongful death of a fetus.
Tuesday, February 5, 2013
Fetuses and Wrongful Death
Lawyers for a Catholic hospital in Colorado recently argued that twin fetuses that died while in the hospital's care were not, under state law, human beings. The lawyers contended that the hospital thus cannot be held responsible for the fetuses wrongful deaths. I imagine the lawyers of the hospital had the following argument in mind:
Posted by Jesse Steinberg at 3:55 PM