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Alabama High Court Wrongful Death Decision Sets Stage for Increased Provider Risk

By Janice G. Inman

There's a new conservative political administration in Washington, DC, and at press time, as we await the confirmation of a ninth Supreme Court Justice — one who, no doubt, will lean right — questions concerning the changes to come are swirling. From civil rights to health care insurance coverage to a woman's right to choose, attempts to change the status quo are not only possible, but probable.

With this climate in mind, we look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action. Stinnett v. Kennedy, 2016 Ala. LEXIS 148 (Alabama, 12/30/16). In Stinnett, the Alabama high court reinstated a dismissed wrongful death cause of action and returned it to the lower court for trial on the issues. This one has the potential not only to increase the risk of liability for obstetricians and other health care providers whose actions adversely affect an unborn child, but also to serve as a vehicle for a realigned Supreme Court to revisit Roe v. Wade.

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