Require wrongful death of a fetus to start at heartbeat

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The Issue

As of May 25, 2023 South Carolina Governor Henry McMaster signed the Fetal Heartbeat and Protection from Abortion to be in the process of passing. The bill protects life by prohibiting abortions after a fetal heartbeat has been detected. Gov. Henry McMaster stressed the fact that this bill was now law and would protect the lives of unborn children. But what about protecting the lives of unborn fetuses in a DUI accident? 

On May 27, 2023 my husband and I were in a car accident involving a multiple offense DUI driver. I was 22 weeks pregnant with my baby Elijah Reid Burdette. Due to the head on collision I suffered a miscarriage from the blunt force trauma causing my placenta to abrupt.

We went to the hospital where we were explained our next steps. After 20 hours of labor  I delivered my stillborn baby and recieved the news that his life was not considered a wrongful death due to South Carolina's Reproductive Rights bill. This bill states viability occurs no sooner than the 24th week of pregnancy contridicting the most recent pending abortion ban stating that life starts at 6 weeks. This will allow the DUI driver to not be charged for our child's death.

This was our first pregnancy, we were extremely excited to become first time parents. Our baby boy had a heartbeat and should be considered a wrongful death. There is a possibility that the DUI driver will only face a 6 month license suspension and fine if they don't consider prior charges from over 10 years. 

We urge lawmakers at all levels of government to consider this proposal seriously and take action accordingly. By requiring recognition of wrongful death once the heartbeat has been detected, we can help ensure a healthier future for all families and communities across our nation.

Sources:

- American College of Obstetricians and Gynecologists (ACOG). (2020). Fetal Heart Rate Monitoring During Labor.
- American Heart Association (AHA). (2019). Fetal Circulation.
- Centers for Disease Control and Prevention (CDC). (2021). Pregnancy Mortality Surveillance System.
- National Institutes of Health (NIH). (2019). Understanding Miscarriage: A Comprehensive Guide

The Decision Makers

Henry McMaster
South Carolina Governor

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