State law expanded to cover fetuses

JACKSON, Miss. -- The Mississippi Supreme Court, in a decision criticized by one of its members as an assault on Roe v. Wade, held Thursday that a fetus is a "person" under state law and wrongful death claims can be filed on its behalf.

The justices upheld Tracy Tucker's right to pursue a wrongful death claim after she alleged emotional distress and a mistake by her doctors caused her to have a miscarriage in 1997. The fetus was 19 weeks old at the time, according to doctors.

Attorneys for the defendants couldn't be reached or declined comment.

Presiding Justice Chuck McRae, in a written dissent, described the decision as an assault on Roe v. Wade, the landmark ruling that legalized abortion in America.

The 6-2 ruling expands the definition of a "person" in wrongful death statutes to include an "unborn child."

Current law allows people to sue for the wrongful death of a newly born, or prematurely born, fetus that would have been expected to live.

Presiding Justice Jim Smith, writing for the court, said Thursday's ruling in the lawsuit brought by Tucker had nothing to do with abortion. He said doctors performing abortions are still protected by Mississippi law.

"Tucker's interest is to protect and preserve the life of her unborn child, not in the exercise of her right to terminate that life which has been declared constitutional by the U.S. Supreme Court," Smith wrote.

Pat Cartrette, executive director of Right to Life of Jackson, said while the decision may not directly affect Roe vs. Wade, it gives a fetus some legal protection when it develops reflexes, at some cases as early as 8 weeks.

Sondra Goldschein, state strategies attorney for the American Civil Liberties Union said she was troubled by the court's definition of a fetus as a "person."

"Anytime the fetus is recognizable as a person it chips away at the foundation of Roe," she said.

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