Quick Child Law and Legal Definition

Quick child is a fetus that has developed to such a stage that it moves within the womb of the mother. It shall mean an unborn child whose heart is beating, who is experiencing electronically measurable brain waves, who is discernibly moving, and who is so far developed and matured as to be capable of surviving the trauma of birth with the aid of usual medical care and facilities available in this state. [Rodos v. Michaelson, 396 F. Supp. 768, 770-771 (D.R.I. 1975)]. The term is usually seen used in wrongful death claims and medical negligence cases. In the U.S., some state statutes provide that wrongful death claims can be made if the death of an unborn quick child is due to negligent acts or omission. For example, in Mississippi, pursuant to Miss. Code Ann. § 11-7-13 a wrongful death claim exists under Mississippi law "[w]henever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission." The Mississippi Supreme Court has defined a "quick child" as "one that has developed so that it moves within the mother's womb." [Dalton v. Cent. Miss. Civ. Improvement Ass'n, 2009 U.S. Dist. LEXIS 93489 (D. Miss. 2009)]