Torts Quiz

[jeffjoe]

When can a non viable fetus recover for wrongful death in TN?

Distinguish: wrongful pregnancy, wrongful birth, wrongful life.

A fetus cannot recover for wrongful death.  It's parents can.

Wrongful pregnancy is a pregnancy that results from negligently performed pregnancy abortion procedure or other and the child is healthy.

Wrongful birth is similar, but the child is not healthy.

Wrongful death is an action on the part of a child born unhealthy as a result of negligence.  This is not recognized in Tennessee.

[Slyone]

When can the parents of a non viable fetus recover for it's death?

[Slyone]

I'm sure you meant to say "wrongful life"

When can a non viable fetus recover for wrongful death in TN?

Distinguish: wrongful pregnancy, wrongful birth, wrongful life.

A fetus cannot recover for wrongful death.  It's parents can.

Wrongful pregnancy is a pregnancy that results from negligently performed pregnancy abortion procedure or other and the child is healthy.

Wrongful birth is similar, but the child is not healthy.

Wrongful death is an action on the part of a child born unhealthy as a result of negligence.  This is not recognized in Tennessee.

[Slyone]

Give me 3 cases in which Tennessee changed the law after examining other jurisdictions...
(please)

[NervousYet?]

When can the parents of a non viable fetus recover for it's death?

In Tennessee, the parents can't. The fetus must be viable.

[jeffjoe]

Give me 3 cases in which Tennessee changed the law after examining other jurisdictions...
(please)

I suspect this will not come up on the exam.

Besides I can't remember.

Right, I meant wrongful life.

And right, viable fetus only.

[Slyone]

Think you better check those cases!
In the review the second year student said to know other jurisdictions that TN looked at when they changed the law.
We are responsible for common law and Tn law!

Yes, the fetus must be viable. May be incubated but must be viable, even if born alive.
Ok, someone ask some questions?
NERVOUS YET? Why yes, I am, thanks for asking! 

[jeffjoe]

I don't think we will be required to list cases where the court looked at other jurisdictions.

I know we will need to know the common law, too. 




When does captain of the ship doctrine apply in Tennessee?

[Slyone]

Dude, got your listening ears on?
We do not have to list cases nor do we have to know case names but we do need to know how Tn law differs from other jurisdictions and why. Thus the advice!

[jeffjoe]

No, I have my other ears on.  Good advice, bad question.

Captain of the ship doctrine applies when in Tennessee?

Dude, got your listening ears on?
We do not have to list cases nor do we have to know case names but we do need to know how Tn law differs from other jurisdictions and why. Thus the advice!