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Within 2 years of the date of death. STATESOL ‑ BIRTH INJURYSOL – WRONGFUL DEATHAlabama2 years2 yearsAlaska2 years2 yearsArizona2 years2 yearsA look at wrongful death lawsuits when a newborn or fetus dies as the result of medical malpractice. § 12-611, titled "Liability" describes who may be sued for wrongful death. No, California does not permit wrongful death recovery for the death of an unborn child– even if the fetus is considered viable or "brought to term. Since Norman was decided, Civil Code section 377 has been amended without specifying a cause of action for wrongful death of an unborn child. The development of a clear trend on prenatal wrongful death to complement the almost complete reversal on prenatal injury. The accused intended to cause the death of, or bodily injury to, the unborn child. Most states recognize wrongful death claims of an unborn child as valid but only if the fetus was viable at the time of death. Ble Unborn Children from Late-Term Abortions Act''.