How Can It Be Wrongful Death if Nobody Was Killed?
As tragic is it sounds, police officers in Kansas City arrested a woman for outstanding warrants and traffic violations, allegedly causing her to have a miscarriage.
The 32 year old woman was three months pregnant when she was arrested last year. Video tapes show the woman was complaining that she was three months pregnant and bleeding at the time of the arrest, one female officer is quoted as saying, "how is that my problem?"
Now, that is a horrible situation, which has been rightfully followed up by a wrongful death lawsuit by the woman who was thrown in jail.
The bigger issue, however, is how a wrongful death suit can be brought by a mother who miscarried, when nobody technically died?
If nobody technically dies during the course of an abortion, as recognized by the federal courts, how is this any different?
Is it merely because the mother says so? What about the father? Should then, the father be awarded an opportunity to stop a pregnant woman from having an abortion?
I believe that anyone that maliciously causes the miscarriage of a baby should be held civilly and criminally responsible. I also believe that the lack of consistency in the law is an abomination.
The law pretty much assumes that the mother is granted sole right of the baby while she is pregnant, thus allowing her by herself to make the determination as to whether or not she will obtain an abortion when pregnant.
Sooner or later, the law is going to have to make very clear that unborn children have rights granted under the United States Constitution.
At the very least, considering this is a civil suit, I should hope that perhaps this will lead to suits by would-be fathers to stop would-be mothers from having abortions.
After all -- shouldn't we be consistent in the law and the courts?
The 32 year old woman was three months pregnant when she was arrested last year. Video tapes show the woman was complaining that she was three months pregnant and bleeding at the time of the arrest, one female officer is quoted as saying, "how is that my problem?"
Now, that is a horrible situation, which has been rightfully followed up by a wrongful death lawsuit by the woman who was thrown in jail.
The bigger issue, however, is how a wrongful death suit can be brought by a mother who miscarried, when nobody technically died?
If nobody technically dies during the course of an abortion, as recognized by the federal courts, how is this any different?
Is it merely because the mother says so? What about the father? Should then, the father be awarded an opportunity to stop a pregnant woman from having an abortion?
I believe that anyone that maliciously causes the miscarriage of a baby should be held civilly and criminally responsible. I also believe that the lack of consistency in the law is an abomination.
The law pretty much assumes that the mother is granted sole right of the baby while she is pregnant, thus allowing her by herself to make the determination as to whether or not she will obtain an abortion when pregnant.
Sooner or later, the law is going to have to make very clear that unborn children have rights granted under the United States Constitution.
At the very least, considering this is a civil suit, I should hope that perhaps this will lead to suits by would-be fathers to stop would-be mothers from having abortions.
After all -- shouldn't we be consistent in the law and the courts?

