Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Tort Law - The Expansion Of The Viable Fetus Wrongful Death Action - Parents' Individual Claim For Negligent Infliction Of Emotional Distress Caused By Concern For A Third Party: The Viable Fetus - Johnson V. Ruark Obstetrics, Bruce Batchelor
Campbell Law Review
This Note will examine the rationale of the Johnson decision and illustrate how a parent's claim for negligent infliction of emotional distress is a natural extension of a viable fetus wrongful death action. Also, the Note addresses why the Johnson case provides a concrete example for the policy that the business of the courts is to make precedent where a wrong calls for redress, even if lawsuits must be multiplied.
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Campbell Law Review
This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …