LifeSiteNews: Amy Hamilton sued after doctors repeatedly failed to administer ultrasounds. When an eventual ultrasound showed her child was unusually small and had developed a small fold at the back of his neck – a possible sign of severe anemia and hydrops, which can cause congestive heart failure – she requested to be referred to a perinatologist at another clinic but was refused. On March 10, 2005, her son was stillborn.
A lower court had ruled that, since the child had not yet reached the stage that it could survive outside the womb, she could not pursue a wrongful death claim “for the death of [her] non-viable fetus.” Today, the Alabama Supreme court’s Hamilton v. Scott ruling rejected that understanding, which was based on Roe v. Wade. Instead, it cited the 1973 Alabama Supreme Court decision Wolfe v. Isbell, which ruled “that from the moment of conception, the fetus or embryo is not a part of the mother, but rather has a separate existence within the body of the mother.”
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