PODCAST

Audio Transcript

Hello hello hello. 

Out there in Internet land and out there in the world, I am today going to be discussing discussing this particular topic by myself here on ask a lawyer and this particular question actually came to me during our live. 

That I had on our IG live and for those of you who don’t know, you can follow us at get injury help. 

I am attorney Roxell Richards I practice here in Texas and I’m also licensed to practice in California. 

However, I have practice in other states as well. 

Under pro hoc VJ, so I’m not amenable here too, just Texas. 

Or California, but if you need help out there, give me a ring. 

I’m available, but today’s topic come I will be only addressing the laws here in Texas. 

And again this question came to me on on our live several weeks ago and this question was whether or not I have a claim for the loss of the of my unborn fetus and the answer to that question is no in Texas, no cause of action exists. 

Under the Texas Wrongful Death Act or survival statutes, for the death of an unborn child. 

Now this is even where there may be undisputed evidence. 

That establishes that the fetus would have been viable, but for the injuries causing death, there is no flexibility in this rule. 

Now there is a case out there where in the mother was able to recover for pain and suffering and mental anguish that she suffered due to the negligent treatment resulting in injuries proximately caused by her physician. 

For the diagnosis, supervision and treatment, which included the loss of her feeders. 

But again, that went to her claim and that was inclusive of her pain and suffering. 

Now also, in this particular case and I’ll give you the case citing its Christian Christian and V. Sepulveda 916 SW 2nd. 

478 Comma 482 Texas, 1995. Also in that case. 

They were, however. 

Able to convince the. 

A Court of Appeals that. 

That the father did indeed have a separate and independent cause of action for law. 

They will also deny damages for the loss of the society. 

Companionship and affection suffered as a result of the loss of the fetus. 

And this is because assuming that A cause of action exists for the loss of the Child consortium, it would be derivative of the child claim for personal injuries. 

So basically what that means is because their Texas doesn’t recognize the cause of action for the loss of the unborn fetuses, and you’re basically saying as a parent, hey, I. 

You know, I I pretty much missed out on having the loss of companionship of my child, so I’m now asking for damages. 

But because we don’t recognize a claim for the death of an unborn fetus, there would be no cause of action for loss of child consortium. 

And so therefore the Sepulveda could not recover damages for the loss of society, companionship and affection. 

And again, this is all cited in that case. 

Uhm, that you guys are more than welcome to go and read and I hope this answers your question. 

However, again, make sure you speak with a very skilled personal injury attorney if not for myself, there’s plenty of lawyers out there that you can speak with as well, and most of us do not charge for create a a free case assessment. 

But again, my name is attorney Roxell Richards and I’m here to help. 

You get what you deserve for your engines that you sustained as a result of the actions of another person or entity. 

Or it could be even product. Give me a call here at the office at 7139740388 or you can go to get injury help.net again. I’m roxell Richards. 

And I hope you enjoyed this episode of Ask a lawyer and I will be looking forward to speaking with you soon again. 

You can also ask your questions on on on our website. Actually at roxellrichards.com. Or you can go to get injury help.net and there’s. 

A link there for free resources and you can click on our podcast on our website and you could even record your question there. 

Or you can send us a quick little email and also don’t forget to follow us. 

On Instagram it get injury help. 

OK, so see you later. 

You better ask the lawyer powered by. 

Roxell Richards Law Firm.