Legal Question in Personal Injury in New Jersey

Wrongful Death

When my wife was pregnant she had to undergo emergency surgery. Her mother convinced her that the baby would be damaged from the drugs. The doctors did not agree. Her mother threatened to end their relationship if my wife did not have an abortion. Eventually, against my will, she aborted my child. Do I have a wrongful death suit against either of them? We are in the middle of a divorce.


Asked on 9/20/00, 3:15 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Wrongful Death

First of all, let me state that my heart goes out to you. You and your wife have obviously gone through a very tragic time and I hope both of you can find the strength to obtain recovery. On your question, in my opinion, you would have no legitimate cause of action under Roe vs. Wade, since abortion is legal. Many people believe that this Supreme Court decision is wrong, evidenced by the substantial ongoing political debate in this country. However, no matter what your moral conviction is, it is still legal. I recognize, however, that there may be other opinion in this area. My answer is based on the information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you believe strongly about this, you may want to contact another attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. You may also want to seek the advice and counsel of your spiritual or religious leader. Good luck! Rob Gleaner

Read more
Answered on 10/20/00, 5:25 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New Jersey