Can The Mother Of A Fetus Injured In An Accident Recover Damages?

It is often the case, in an accident, that from the outside, it looks like there is only one injured victim. But on closer look, there are actually two — that’s because the injured person was a pregnant mother.

And that begs the question of whether or not an unborn fetus who is injured or even killed in an accident suffered by the mother, can bring a claim or cause of action for injuries or for the death of the fetus.

The Rights of the Unborn fetus

Like most states, Rhode Island does recognize that an unborn fetus, through the mother, can bring a claim against someone who was negligent and caused injury or death to the fetus. This usually requires showing that the fetus was viable — that is, that in the absence of the accident, that the baby was on track to be born healthy and without major problems.

Of course, the earlier in the pregnancy that the accident happens, the harder viability may be to prove, but later on, if the baby is on track for a normal birth, that may be easier to show.

When it comes to the death of a fetus, it doesn’t matter if the baby is stillborn, or born and then immediately passes away due to injuries or complications caused by the accident — in either case, the mother can bring a claim for damages.

Did the Accident Cause the Death or Injuries?

Of course, negligent defendants will always make causation arguments, if the baby is born alive but with problems, and the family believes that the problems were the result of complications stemming from the accident.

Defendants will claim that the baby’s problems are unrelated to the accident, and that the baby would have been born with whatever problems the baby ends up having, regardless of whether there was an accident or not.

The mother does not have to be visibly or seriously injured at all — her health is independent of the baby’s (fetus’) health. It is often the case that the mother is physically doing well after the accident, but her unborn fetus inside of her, is the one that has suffered the major injury after an accident. The mothers health is in no way an indicator of the fetus’ health, and most medical providers, when faced with a pregnant mother in the hospital after an accident, know that.

However, because of this, it goes without saying that a pregnant mother that seems uninjured after an accident, should nonetheless get medical attention immediately, to tend to the baby.

Stress and Injuries to the Fetus

The stress on the body after an accident can be fatal for a fetus. Everything from separation from the placenta (or an abruption), to the spiking and lowering of the mother’s blood pressure after an accident, all can cause serious problems for an unborn child.

Long Term Damages

Even if the fetus does not die, a fetus born with injuries can necessitate a lifetime of expenses for the family. Depending on the nature and the extent of the injury and disability, a lifetime of lost wages, in home or nursing case, special schooling, medical devices, or future medical procedures, all need to be calculated to assess what the now born baby will need throughout his or her lifetime.

Contact our Rhode Island personal injury lawyers at Robert E. Craven & Associates at 401-453-2700 for help after your accident.

Source:

cdc.gov/prams/pdf/snapshot-report/motorvehicleinjuries.pdf