Miss. Gives Fetus Rights in a Lawsuit

The state Supreme Court ruled Thursday that a fetus is a person under state law and that wrongful death claims can be filed on its behalf.

The justices upheld Tracy Tucker’s right to pursue a wrongful death claim after she alleged that emotional distress and a mistake by her doctors caused her to have a miscarriage in 1997. The fetus was 19 weeks old at the time, according to doctors.

Attorneys for the defendants couldn’t be reached or declined comment.

Presiding Justice C.R. “Chuck” McRae, in a written dissent, described the decision as an assault on Roe vs. Wade, the landmark U.S. Supreme Court ruling that legalized abortion.

The 6-2 ruling expands the definition of a “person” in wrongful death statutes to include an “unborn child.”

Current law allows people to sue for the wrongful death of a newly born, or prematurely born, fetus that would have been expected to live.

Justice James W. Smith, writing for the court, said Thursday’s ruling in the lawsuit brought by Tucker had nothing to do with abortion. He said doctors performing abortions are still protected by Mississippi law.

“Tucker’s interest is to protect and preserve the life of her unborn child, not in the exercise of her right to terminate that life, which has been declared constitutional by the U.S. Supreme Court,” Smith wrote.

Pat Cartrette, executive director of Right to Life of Jackson, said although the decision may not directly affect Roe vs. Wade, it gives a fetus some legal protection when it develops reflexes, at some cases as early as 8 weeks.

Sondra Goldschein, an American Civil Liberties Union lawyer, said she was troubled by the ruling because it “chips away at the foundation of Roe.”