Adoptive Parents Win Standing to Sue for Wrongful Death of Baby

David Fried’s wrongful death suit on behalf of adoptive parents whose baby died due to medical malpractice was contested by the doctor on the ground that adoption was not complete at the time of the baby’s death. The Supreme Court of New Jersey, after hearing David’s arguments, ruled that the doctor had no standing to contest the posthumous adoption, allowing the suit to proceed.

David Fried’s wrongful death suit on behalf of adoptive parents whose baby died due to medical malpractice, was contested by the doctor on the ground that adoption was not complete at the time of the baby’s death. The Supreme Court of New Jersey, after hearing David’s arguments, ruled that the doctor had no standing to contest the posthumus adoption, allowing the suit to proceed.

In the second significant matter before the Supreme Court, Blume Donnelly’s David Fried appealed on behalf of the parents of an adoptive child who wanted to file a wrongful death suit alleging the medical malpractice of an anesthesiologist.

Because of the required waiting period, the family was unable to finalize the adoption until after his death, which they did in order to help them with their grieving and to have the child buried as a family member. The baby was part of their family from the time he as three days old until his death at the age of four months.

Prior to the Supreme Court appeal, the Appellate Division had ruled that the defendant physician was entitled to contest the adoption and that the posthumous adoption was not valid.

The New Jersey Supreme Court ruled that the physician lacked standing to contest the adoption, thereby permitting the adoption of the baby following the baby’s death.