Annapolis, MD asked in Wrongful Death for Maryland

Q: It is possible to bring a wrongful death lawsuit on behalf of an unborn fetus in Maryland?

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: You mean, the fetus is/will be the child of the person (the father?) who suffered the wrongful death? I would wait until the child is born, then file the suit on the child's behalf. If you mean the unborn fetus was the one who wrongfully died, then there would be other issues, and in Maryland, the law requires the fetus to have lived outside the womb for some period of time --even a few breaths-- in order to be able to bring an estate survivor's action on its behalf. The parents may have a claim based on the death of their fetus against the person negligently or intentionally causing the death.

Thomas Neary
Thomas Neary
Answered
  • Catonsville, MD
  • Licensed in Maryland

A: There are a number of factors that go into answering that question that you did not include in the information. I would recommend that you talk with an attorney to go over the details and get a clear answer with all the facts taken into account. On a case like that, you will be able to have a free consultation to get your initial questions answered.

Sorry for your loss.

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