Alabama Supreme Court

MONTGOMERY, Ala. (WordNews.org) Jan. 4, 2017 — The Alabama Supreme Court ruled that unborn children are human beings entitled to legal protection in a case involving the wrong death lawsuit against an OB/GYN accused of contributing to unborn child’s death.

The court ruled that a lower court erred in dismissing Alabama resident Kimberly Stint’s claim alleging the wrongful death of her unborn baby was caused by Dr. Karla Kennedy. The Alabama Supreme Court ruled Stinnett v. Kennedy may proceed. The court based its decision in part on a amendment in Alabama’s Homicide Act, which “changed the definition of a person who could be a victim of homicide to include ‘an unborn child in utero at any stage of development, regardless of viability,'” Alabama Supreme Court Justice Thomas Parker.

“Unborn children, whether they have reached the ability to survive outside their mother’s womb or not, are human beings and thus persons entitled to the protections of the law—both civil and criminal,” Parker wrote. “Members of the judicial branch of Alabama should do all within their power to dutifully ensure that the laws of Alabama are applied equally to protect the most vulnerable members of our society, both born and unborn.”

Dr. Kennedy, who was standing in for Stinnett’s regular physician, performed a dilation and curettage procedure to help determine whether her pregnancy was intrauterine or ectopic. Suspecting an ectopic situation, Kennedy administered methotrexate, which the court noted is “intended to cause the end of the pregnancy.”

When Stinnett’s regular physician, William Huggins, returned, he determined that she had an intrauterine pregnancy after all, which was failing, possibly as the result of the methotrexate. Stinnett later miscarried and then sued Kennedy. Kennedy had asserted in court documents that the pregnancy was already failing and she was simply following protocol.

“Liberty Counsel applauds the Alabama Supreme Court and Justice Tom Parker for defending the legal rights of the unborn as clearly stated in Alabama law,” said Mat Staver, founder and chairman of Liberty Counsel. “We strongly urge other judges to do likewise as the value of human life is not a negotiable matter. The womb should be the safest place for a child and it must be legally protected. It’s time to turn the tables on Roe v. Wade.”