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Case Law Update: Wrongful Death of a Fetus

In Mercado v. Mount Sinai Hospital Medical Center of Chicago, No. 1-06-1825 (May 27, 2008) 1st div. (Cahill), the Court certified a question answered and held that the plaintiff’s complaint for wrongful death of her fetus daughter is not barred by the provisions of Section 2.2 of Wrongful Death Act; because complaint alleges that she agreed to terminate the pregnancy based on misdiagnosis that she had an ectopic pregnancy, which was not viable, when she actually had a viable uterine pregnancy. Therefore, plaintiff’s agreement to terminate her pregnancy does not qualify as a “requisite consent” within meaning of Act.