Physicians Liable for Abortions under Wrongful Death Act

On December 16, 2021, the Illinois Supreme Court ruled that there are limited circumstances in which physicians can be held liable for an aborted fetus under the Wrongful Death Act. The case decided by the Court involved a plaintiff whose physicians failed to recognize she was pregnant before they performed elective surgery on her. As a result of the anesthesia and medications from the surgery, the fetus was badly damaged. A physician later informed the plaintiff that the fetus would not survive to term and recommended an abortion. The plaintiff accepted the physician’s advice but alleged that she would not have had an abortion if it weren’t for the physician’s negligence in damaging the fetus. The Illinois Supreme Court held that the physicians who negligently injured the fetus can be held liable under the Illinois Wrongful Death Act so long as the mother claims the injuries left her no choice but to abort the fetus.

If you believe you have been injured as a result of medical malpractice, please contact our law firm to discuss your matter.