On Dec. 16, 2021, the Illinois Supreme Court answered a certified question about whether a doctor who injured a fetus can be sued for wrongful death if the patient later consented to an abortion given the condition of the unborn fetus.
Thomas and Mitchell sued two doctors, Drs. Khoury and Kagan, for the wrongful death of their unborn child. The plaintiffs alleged that the doctors committed malpractice, which injured the fetus. This action later resulted in the plaintiffs agreeing to an abortion.
The trial court submitted a certified question to the Illinois Appellate Court asking whether the Illinois Wrongful Death Act bars the plaintiffs’ lawsuit.
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