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Maine Bill Allowing Wrongful Death Cause of Action for Unborn Child (LD 1193)

This law was last updated on Jun 12, 2014


State

Maine

Number

LD 1193

Status

Failed to Pass

Proposed

Mar 26, 2013

Sponsors

Co-sponsors: 8
Primary Sponsors: 1
Total Sponsors: 9

Topics

Fetal Homicide

Full Bill Text

www.mainelegislature.org

LD 1193 would have established a cause of action for the wrongful death of an unborn viable fetus. The bill specifies that such an action must be brought in Probate Court. An unborn viable fetus is a fetus that has reached the 12th week of gestation or beyond.

The bill specifies that a cause of action for the wrongful death of an unborn viable fetus does not exist:

  1. Against the mother;
  2. Against a health care practitioner or health care provider performing an abortion permitted by law and for which required consent was given; or
  3. Against a health care practitioner or health care provider if the health care practitioner or health care provider did not know of the pregnancy and, under the applicable standard of care, had no medical reason to know of the pregnancy.

People