JACKSON, August 25, 2003 ( – The Mississippi Supreme Court has ruled 6-2 that a “fetus” is a “person” under state law, and that wrongful death claims can be filed on behalf of an unborn child due to doctors’ negligence. Anti-life activists complained that the decision “chips away at the foundations” of Roe v. Wade.  The justices upheld a woman’s right to pursue a ‘wrongful death’ claim in a case of emotional distress that led to the miscarriage of an unborn child at 19 weeks gestation.  Justice Jim Smith wrote, for the majority, that the ruling did not involve an abortion but medical incompetence leading to miscarriage, and that abortionists remain protected by state law. “Tucker [the mother in the case] and the state share a common interest and goal to preserve the life of a fetus injured by the conduct of another,” he wrote.  For local coverage:,1426,MCA_1497_2200886,00.html