DEKALB COUNTY, AL (WAFF) -
A big decision was made in the Alabama Supreme Court.
The Supreme Court of Alabama came down with a nearly 40-page ruling on Friday.
The court ruled that allowing civil actions for the death of nonviable children is consistent with criminal law in the state.
The court issued its decision based on a 2011 case Mack vs. Carmack in which the court recognized that wrongful death action can be taken for the accidental death of a pre-viable, unborn child.
This ruling also means that Amy Hamilton may sue three DeKalb County doctors and a medical practice for allegedly causing her son's death.
Hamilton visited Isbell Medical Group in Fort Payne in 2005 for a routine ultrasound and consultation regarding a viral infection.
An ultrasound tech was not available, according to court documents, and Hamilton was told to wait until her next appointment.
She returned to the medical practice feeling ill. An ultrasound showed that the fetus was not alive, and the baby was delivered stillborn.
Hamilton sued, claiming the doctors caused her baby's death and she was entitled to damages under the state's wrongful death law.
A trial court threw out the lawsuit. Hamilton appealed.
State Supreme Court Justices overturned the lower court's decision.
WAFF 48's Legal Analyst Mark McDaniel weighed in on the decision saying this ruling will have a huge impact on future cases.
"This case, this issue of whether or not you can have a wrongful death action, Alabama Supreme Court says you can, but this issue of whether or not you can have a wrongful death action for a pre-viable fetus, in other words a fetus that can't survive outside a mother's womb, you can have a wrongful death action for that is going to end up in the united states supreme court," said McDaniel.
The majority of states have civil and criminal protections in place for unborn children. At least nine states specifically permit recovery in the wrongful death of pre-viable children.
Georgia and Mississippi allow recovery for wrongful death of a pre-viable child if the fetus is able to move within the womb.
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The Alabama Supreme Court reaffirmed its decision to rule in favor of an unborn baby lawsuit.
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