wrongful death

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Related to Wrongful Deaths: Wrongful death claim, Wrongful killing
Death caused by negligence or other wrongful act

wrongful

Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.
Wrongful
Wrongful death An event that is usually regarded as negligent. See Negligence.
 Wrongful birth An event resulting from the failure of a contraceptive or sterilization procedure, eg fallopian tube liagation, failure to diagnose pregnancy, or an unsuccessful attempt to abort a conceptus.
Wrongful life An event in which legal action may be taken by–or on behalf of the baby suffering from a hereditary or congenital defect, eg Down syndrome or other disease, eg rubella, who would not have been born had the parents had the knowledge to opt for an abortion; WL represents either the failure to diagnose in utero a condition that would lead to a major life-long handicap or recognize such a condition in a sibling, allowing a 2º, similarly afflicted, child to be born; the child is the defendant named in a lawsuit initiated to defray the incurred and anticipated medical, nursing and related health expenses; in both WB and WL, the defendant may be liable for support and care of the infant from 'cradle to grave'

wrongful death

Loss of life caused by negligent, illegitimate, or illegal acts.
See also: death
References in periodicals archive ?
The plaintiff was time-barred from suing the at-fault vessel operator in personam under the Massachusetts or Pennsylvania wrongful death statutes.
Enacting a federal maritime wrongful death statute for use in U.S.
Had the Lauritzen choice of law rule been in place before 1920, with situs no longer being dispositive, maritime claimants and courts could have more easily invoked the wrongful death acts of states having an interest.
The Enactment of a Federal Maritime Wrongful Death Statute (1903-1920)
The significance of Higginbotham is that it may well herald a return to a situation very much like that which existed prior to Moragne: a situation characterized by a severe lack of uniformity (16) in the law of maritime wrongful death. In other words, Higginbotham may in fact have dealt a severe blow to the integrity of Moragne.
In 1907, in The Hamilton, (20) the Supreme Court reacted to its own precedent by holding that a state wrongful death statute could apply to a high seas death.
(24) The Jones Act provided for personal injury, wrongful death, and survival actions against the seaman's employer.
(28) If death occurred in territorial waters, the non-seaman's survivor could recover under the relevant state's wrongful death statute based on negligence.
Judicial forums have consistently based their recognition of the wrongful death action on a number of key considerations.
Wrongful death statutes are not uniform in the damages they authorize.
Notwithstanding the clear majority trend, some states have decided to maintain the position that a wrongful death action cannot lie for the negligent death of an unborn child.
The states holding to the rule that a wrongful death action will not lie for the negligently inflicted death of an unborn child are Alaska, California, Florida, Iowa, Maine, Nebraska, New Jersey, New York, Tennessee, Texas, and Virginia.