Erika Amarante is a Partner in the firm’s Litigation Department. She represents hospitals, physicians, and other health care providers in cases alleging professional negligence, lack of informed consent, or negligent credentialing. She has extensive experience in defending claims of wrongful death, birth trauma, delayed diagnosis of cancer, and brain injuries, as well as the catastrophic injuries that often arise in such claims. Erika also has served in a claims management position, setting reserves and valuing cases. She regularly counsels health care providers on issues of liability and risk-reduction strategies.
In addition to health care litigation, Erika’s practice includes litigation, arbitration, and counseling on a wide variety of complex commercial and civil litigation issues. A seasoned franchise litigator, Erika has arbitrated and litigated dozens of franchise cases and has been chosen by her peers for listing in The Best Lawyers in America in the Franchise category. She also regularly counsels the firm’s clients on the requirements of federal and state antitrust law.
Erika is active in the Defense Research Institute’s Medical Liability and Health Care Law Committee, most recently severing as Program Chair for the Committee’s 2019 seminar in Nashville, Tennessee. She also serves as Second Vice-President of the Connecticut Defense Lawyers Association.
Erika is Co-Chair of the Women of Wiggin (WOW) and is actively involved in programming and mentoring directed toward the hiring, retention and inclusion of female professionals.
Before joining Wiggin and Dana, Erika served as law clerk to Justice Richard N. Palmer and Justice Francis M. McDonald on the Connecticut Supreme Court and later served as Executive Assistant to Chief Justice Francis M. McDonald on the Connecticut Supreme Court
This presentation will review the circumstances under which an unborn fetus might assert a claim for wrongful death due to medical negligence. Not surprisingly, whether and when a fetus can legally assert a wrongful death claim differs dramatically i...