The majority of state courts have granted a cause of action to an unborn viable fetus under their state wrongful death and/or survival acts. This comment offers a comparison of the various state court decisions and provides a critique of the recent Pennsylvania Supreme Court Opinion in Scott v. Kopp. The author concludes that the present Pennsylvania position is incongruous with the realities of modern medicine, the overwhelming weight of authority, and Pennsylvania tort law. As a result, Pennsylvania is compelled to grant a cause of action to an unborn viable fetus under the Pennsylvania wrongful death and survival acts.
Regis M. McClelland,
The Necessity of Granting a Cause of Action to an Unborn Viable Fetus Under the Pennsylvania Wrongful Death and Survival Acts,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol21/iss4/8