September 24, 2012
A new law recently passed in Virginia now allows a woman to sue for the wrongful death of an unborn child if the baby dies as the result of the “wrongful act, neglect, or default of any person, ship, vessel, or corporation.” While most agree that the law better protects the rights of a mother and child, some experts believe that the new law will just create a plethora of litigation.
According to the Daily Press, the law was passed by the General Assembly in March and was officially signed into law by the governor in July. Since then, the law has resulted in dozens of lawsuits. Some believe that this is due to the vague wording of the law that allows for causation of death to be brought against someone in almost any situation.
Richmond General District Court Judge, Robert A. Pustilnik, argued that a lawsuit could be filed against a doctor is a child dies while in their care and even presented the scenario of a case being brought by a mother whose trip and fall in a friend’s home resulted in a wrongful death lawsuit.
The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley believe that the new law protects children and mothers from senseless and neglectful accidents that result in tragic outcomes, and we are here to help you if you have lost a loved one.