CHICAGO (Legal Newsline) – A woman who had elective surgery while in the early stages of pregnancy can use Illinois’ Wrongful Death Act to sue over the abortion she had after anesthesia malformed the fetus.
An Illinois Supreme Court majority gave the green light Thursday to parents who are pursuing wrongful-death claims against physicians whose alleged negligence led to their fetus' abortion, saying the state's Wrongful Death Act doesn't block their claims.
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Parents Ask Ill. Justices To OK Suit Over Aborted Fetus Injury
Law360 (March 11, 2021, 8:10 PM EST) Parents looking to sue physicians who allegedly committed negligence that led them to abort their fetus urged the Illinois Supreme Court Thursday to let their lawsuit proceed under the state s Wrongful Death Act, arguing the statute doesn t block their claims.
Monique Thomas and Christopher Mitchell asked the state s top justices during oral arguments to reject physicians Edgard Khoury and Robert Kagan s legally indefensible assertion that the Wrongful Death Act categorically blocks lawsuits stemming from abortions conducted lawfully with requisite consent, even if the fetus, like theirs, allegedly suffered an injury before the abortion took place.
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