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Tort Law's Devaluation Of Stillbirth, Jill W. Lens Dec 2017

Tort Law's Devaluation Of Stillbirth, Jill W. Lens

Jill Wieber Lens

In the United States, more than sixty-five babies die daily due to stillbirth—death of an unborn baby after twenty weeks of pregnancy but before birth. New medical research suggests that at least one fourth of those deaths are preventable with proper medical care. Stated differently, one fourth of stillbirths are due to medical malpractice. In almost all states, tort law provides recourse for mothers after the death of their children due to stillbirth.

This Article uses feminist legal theory and empirical research of parents after stillbirth to demonstrate that tort law devalues stillbirth. That devaluation is due to the ...


"The Birth Of Death": Stillborn Birth Certificates And The Problem For Law, Carol Sanger Jan 2012

"The Birth Of Death": Stillborn Birth Certificates And The Problem For Law, Carol Sanger

Faculty Scholarship

Stillbirth is a confounding event, a reproductive moment that at once combines birth and death. This Essay discusses the complications of this simultaneity as a social experience and as a matter of law. While traditionally, stillbirth didn't count for much on either score, this is no longer the case. Familiarity with fetal life through obstetric ultrasound has transformed stillborn children into participating members of their families long before birth, and this in turn has led to a novel demand on law.

Dissatisfied with the issuance of a stillborn death certificate, bereaved parents of stillborn babies have successfully lobbied state ...


"The Birth Of Death": Stillborn Birth Certificates And The Problem For Law, Carol Sanger Jan 2011

"The Birth Of Death": Stillborn Birth Certificates And The Problem For Law, Carol Sanger

Faculty Scholarship

Stillbirth is a confounding event, a reproductive moment that at once combines birth and death. This Article discusses the complications of this simultaneity as a social experience and as a matter of law. Traditionally, stillbirth didn’t count for much on either score. Legally, a dead infant was nothing for purposes of descent; culturally, stillbirths were regarded as insignificant; after all, what was lost? This is no longer the case. Familiarity with fetal life through obstetric ultrasound throughout pregnancy has transformed stillborn children into participating members of their families long before birth. This in turn has led to a novel ...