Texas law allows surviving family members to seek compensation for the death of an unborn child if negligence or wrongful acts caused the death. This covers fetuses of all gestational ages from fertilization to birth. The wrongful death claim cannot be filed against the child’s mother or any medical personnel providing proper medical care to the mother and fetus. If the death of the fetus was caused by medical malpractice or another type of negligent act, you could pursue a wrongful death lawsuit.