Unfortunately, the law doesn't work that way.
I would agree that the loss of potential life is absolutely tragic, but babies are delivered pre-term all the time, especially in cases where the baby may be lost due to complications with the mother. If it doesn't have a social security number, and you can't claim it on your taxes, it doesn't exist. I know that's a really cold asshole way of looking at it... but... it is what it is.
- - - Updated - - -The right to bring such a lawsuit on behalf of an unborn child depends on the laws of each particular state. As of 2013, 40 states recognize a claim for wrongful death of an unborn child. Of those States that recognize the claim for wrongful death, 27 states and the District of Columbia allow a wrongful death suit only if the child was viable at the time of his or her death. 13 states allow suits even for a child that was not viable at the time of death.
10 states do not include a fetus of any viability stage in the definition of a “person” in their wrongful death statutes. These states require a child to be born alive first, and then die thereafter in order to be the subject of a wrongful death claim.
Based upon the different statutory definitions of wrongful death, the outcome of the two recent tragic incidents are not the same. Indiana is one of the 27 States that allow for a wrongful death claim if the child was at a viable age at the time of death. Because 35 weeks is considered an age in which a fetus would be able to live outside of the womb, the Indiana family would be able to bring a claim for wrongful death for both the mother and her unborn child. Conversely, because the unborn child of the 39 year-old New Jersey woman was not actually born alive prior to dying; she cannot bring an action for the death of her child against the responsible driver.
Ya because ultrasounds are just fucking pointless and don't save lives ever amirite?
But don't you dare look at the undercarriage or you're going to jail?