Edinburg Hospital Authority v. Treviño

I join in Parts I and IV of the Court’s opinion. However, I do not join the remainder of the opinion for three reasons: First, it perpetuates the harsh, antiquated, “born alive” rule that allows recovery for the wrongful death of a child only if the child survives the womb. In my opinion, there should be no difference in tort law whether the child’s death occurs just before or just after birth. I would correct the errors the Court made in construing the Wrongful Death Statute in Witty v. American General Capital Distributors, Inc., 727 S.W.2d 503, 506 (Tex.1987), and its progeny and hold that…