An Act To Allow a Wrongful Death Cause of Action for the Death of a Viable Fetus
Sec. 1. 18-A MRSA §1-302, sub-§(a), as amended by PL 2003, c. 618, Pt. B, §4 and affected by §20, is further amended to read:
Sec. 2. 18-A MRSA §2-804, sub-§(a), as enacted by PL 1979, c. 540, §1, is amended to read:
There is no cause of action under this subsection against a health care practitioner or health care provider for the wrongful death of an unborn viable fetus based on the alleged professional negligence of the health care practitioner or health care provider when the health care practitioner or health care provider did not know and, under the applicable standard of good medical care, had no medical reason to know of the pregnancy of the mother.
SUMMARY
This bill provides for a cause of action for the wrongful death of an unborn viable fetus. The bill specifies that such an action must be brought in Probate Court. The bill provides that an unborn viable fetus is a fetus that has reached 24 or more weeks of gestation.
The bill specifies that a cause of action for the wrongful death of an unborn viable fetus does not exist:
1. Against the mother;
2. Against a health care practitioner or health care provider performing an abortion permitted by law and for which required consent was given; or
3. Against a health care practitioner or health care provider if the health care practitioner or health care provider did not know of the pregnancy and, under the applicable standard of care, had no medical reason to know of the pregnancy.