Legal Definitions - miscarriage

A miscarriage refers to the spontaneous and involuntary loss of a pregnancy before the fetus has developed to a point where it can survive independently outside the womb. This event is also commonly known as a spontaneous abortion. It is crucial to understand that a miscarriage describes a natural, unintended end to a pregnancy, distinct from an induced termination. Historically, the term "criminal miscarriage" referred to an induced abortion, but this usage is now largely obsolete and separate from the modern understanding of a miscarriage as a spontaneous event.

Here are some examples illustrating the concept of a miscarriage:

• Scenario: Sarah, who was 10 weeks pregnant, suddenly experienced severe abdominal cramping and heavy bleeding. After seeking medical attention, doctors confirmed that her pregnancy had ended naturally.

  Explanation: This situation exemplifies a miscarriage because it was a spontaneous (not intentionally caused) and involuntary loss of the pregnancy. At 10 weeks, the fetus is not yet viable, meaning it cannot survive independently outside the womb, fitting the definition of a miscarriage.

• Scenario: After a positive home pregnancy test, Maria experienced what seemed like an unusually heavy and painful menstrual period just a few days later. A follow-up medical test indicated she was no longer pregnant.

  Explanation: This describes a very early miscarriage, sometimes referred to as a "chemical pregnancy." It was a spontaneous and involuntary loss of the pregnancy before viability, even though it occurred so early that it might have been mistaken for a late or heavy period. The pregnancy ended naturally and unintentionally.

• Scenario: During her second trimester, at 17 weeks gestation, Elena unexpectedly went into premature labor. Despite medical efforts, the baby was born too early to survive outside the womb.

  Explanation: This also constitutes a miscarriage. It was a spontaneous and involuntary expulsion of a fetus that was not yet viable at 17 weeks. Even though it occurred later in pregnancy than many miscarriages, the key factor is the natural, unintended loss of a pregnancy where the fetus cannot survive independently.