In Alabama, children are protected from the moment of conception. Justices of the high court used this as a basis for their ruling. According to the justices, the original judge was incorrect in ruling that the doctor in the case could not be held liable for the miscarriage because the child would not have been viable if born.
According to documents from the hearing, Kimberly Stinnett had been informed of her pregnancy on May 9, 2012. Two days after learning of her pregnancy, Stinnett experienced cramping and a fever. She called her doctor and was told to go to the emergency room. Stinnett advised doctors that she had had two prior miscarriages and an ectopic pregnancy.
Stinnett was treated for a possible ectopic pregnancy by a Dr. Karla Kennedy who was filling in for Stinnett’s regular obstetrician. On May 14, Stinnett’s regular obstetrician took over the case, advising her that she was having a failing intrauterine pregnancy. The pregnancy was suspected to be failing due to injections administered by Dr. Kennedy. Stinnett suffered a miscarriage on June 8, 2012.
The couple will now move forward with their wrongful death claim against Dr. Kennedy.
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