A Wrongful Death Action Can Be Maintained for Prenatal Injuries Causing the Stillbirth of a Fetus
Harrison, Jeffrey W.
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Discusses a case in which a Texas appeals court held that live birth is not required for recovery under the Wrongful Death Statue. The article details the common law treatment of an unborn child and the development of prenatal torts, from no recovery at common law to live birth as a prerequisite. The article continues by analyzing the case, the implications of changing the live birth requirement, and raises a few lingering questions.