AB 160

Under current law, if a minor child dies as a result of another person's wrongful

act or omission, the deceased minor's relative or other representative may bring a

wrongful death action to recover damages from the wrongdoer. This bill defines

"deceased minor" to include an unborn child who has died, and defines "unborn child"

as a human being from the time of fertilization to the time of live birth.

Under current law, if a minor child dies as a result of medical malpractice, his

or her parents, minor siblings, or representative may bring a claim for compensation

from the injured patients and families compensation fund. This bill, for purposes of

a medical malpractice claim, defines "patient" to include an unborn child and defines

"unborn child" as a human being from the time of fertilization to the time of live birth.

Under the bill, no one may bring a medical malpractice claim against a health

care provider who did not know, and who had no reason to know, that the mother of

the deceased patient was pregnant.