3 ms·
I've read a few of these articles on this and most seem to be going beyond what the ruling was about. It could be that the ruling gets construed in some of thes
by elmerfud 3y ago
I've read a few of these articles on this and most seem to be going beyond what the ruling was about. It could be that the ruling gets construed in some of these more bizarre cases but it's equally as plausible maybe even more plausible that it does not and stays tailored to what the ruling was about.
It was about applying the wrongful death statutes to fertilized and Frozen eggs. This wasn't that the eggs were destroyed during the normal course of unthawing them or implanting them. That is a risky procedure and a number of eggs come out as unviable and that is a known risk in the procedure that a number will be destroyed in the process even when no mistakes are made. This was about negligence on the part of the in vitro fertilization company to properly secure and protect the eggs. So negligence was at the core that allowed the wrongful death statute to be applied.
It has been regularly upheld by courts that if you injure a woman who is pregnant even in the first trimester and that causes her to lose her pregnancy you can be charged with murder if it was intentional or wrongful death if it was accidental. That has been settled case law everywhere in the United States for a long long time. So this isn't a massive leap to say that the providers of the egg and sperm intended on leveraging them in the future through the normal in vitro fertilization process and they were deprived of that due to the negligence of the company. So in that regard of negligence resulting in the destruction of a fertilized egg it's the same thing it just wasn't in a person's body at the time.
This court case doesn't cover extra eventualities that people are trying to stretch it to cover. Such as the destruction of the eggs during the normal course of trying to utilize them. Because we already have a lot of settled case law around medical procedures that can result in death. That is also a known risk for doctors if they are negligent in their duties they can be charged with wrongful death but if they are applying appropriate procedures processes and standards and death still happens it is a risk of the procedure.