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Logic has no place....
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Send this to Tommy Tuberville

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This ruling strictly applies to Alabama's wrongful death statute, and nothing else. What it means (and nothing else) is that a woman who has frozen an embryo and has had that embryo lost or destroyed can sue for wrongful death. Without this ruling, if a woman had her embryo destroyed by a clinic, she had no recourse.

Our Attorney General (who I am starting to loathe) said he wouldn't prosecute anyone under this law. Of course he won't-because he CAN'T.

This whole thing has turned into an unnecessary shitshow, because people love to paint Alabama as a hellhole. Whether it is or not is another matter, but this ruling is actually pro-woman in that it gives women the ability to sue if they lose an embryo. Thay did not have that right before.

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And here's another twist. Sorry the article is paywalled, but the proposed legislation would shield IVF clinics from liability. That, however, creates another problem, which is that women who have their embryos destroyed through negligence (or worse) on the IVF clinic's part won't be able to sue the IVF clinic.
https://www.lagniappemobile.com/news/proposed-ivf-legislation-could-leave-patients-with-little-recourse-for-malpractice/article\_9048d7b6-d4c4-11ee-91a8-73712105d410.html

It's not really a perspective-it's the actual situation. This is why IVF clinics are freaking out-and rightfully so. They can now be sued for mishandling an embryo. Before I suppose you could sue a clinic for mishandling an embryo, but I'm not sure what your damages would be.

This Supreme Court has become very plaintiff/trial lawyer favorable recently, and this is just an extension of that. As we speak the state legislature is frantically working on legislation to override this court ruling.

https://www.alreporter.com/2024/02/23/lawmakers-file-bills-to-address-alabama-supreme-courts-ivf-ruling/

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9 months ago