The claimant had become pregnant whilst placed in a mixed psychiatric ward. She claimed damages for their negligence. They responded that damages were not payable for a healthy child.
Held: The court was bound by Rees, and damages were not to be awarded. Any additional costs she might bear because of her disability would be recoverable, but the costs to her own mother as grandmother, were not.
Judges:
Judge, Longmore, LJJ, Sullivan J
Citations:
Times 28-Dec-2002
Jurisdiction:
England and Wales
Citing:
Cited – Rees v Darlington Memorial Hospital NHS Trust CA 14-Feb-2002
A disabled mother sought damages for the birth of a child after a negligently performed sterilisation.
Held: The rule in McFarlane against recovery of damages for the birth of a healthy child, did not prevent an award which was intended to . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 17 June 2022; Ref: scu.178621