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Person V. Potential: Judicial Struggles To Decide Claims Arising From The Death Of An Embryo Or Fetus And Michigan's Struggle To Settle The Question, Dena M. Marks

Akron Law Review

“Death is well understood; it’s life that isn’t.” We recognize death, but state by state, courts struggle to understand life when called on to determine whether their states’ wrongful death acts apply after the death of an embryo or fetus. These struggles arise because, for the most part, state legislatures have failed to clarify whether a cause of action may be maintained under their wrongful death acts for the death of an embryo or fetus. This failure has lead to inconsistent and unfair results, often allowing the tortfeasor to benefit from causing the greater harm of death, when the tortfeasor …