Court allows wrongful death lawsuit after miscarriage
Lawyer Interviews
The Alabama Supreme Court has ruled that a woman can pursue a wrongful-death lawsuit against an obstetrician after a miscarriage when she was five to six weeks pregnant.
Justices on Friday reversed a trial judge's order dismissing the wrongful-death claim.
In the civil case ruling, the justices cited a 2009 state law making it a crime to kill or harm "an unborn child in utero at any stage of development."
The case involved a newly pregnant woman experiencing abdominal cramping and fever. The physician suspected an ectopic pregnancy and administered an injection to stop the progression. It was determined later that the pregnancy was uterine.
The woman sued, arguing that the injection caused pregnancy loss. The physician said that the pregnancy was already failing and that she followed standard practices.
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Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.