Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Medical MalpracticeFeaturesLitigationLJN NewslettersMedical Malpractice Law & Strategy

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.