The plaintiff sought damages after a failed sterilisation. She had been apprehensive during the pregnancy that the child might be handicapped, and in the event the child suffered from temper tantrums, a speech defect and slight dyslexia.
Held: Damages of andpound;2500 was awarded in respect of pain, suffering and loss of amenities, of which general damages for pain suffering and loss of amenities up to the birth were andpound;1250. Nothing was awarded in respect of the fact that the child had these disabilities. andpound;2500 was awarded because it was the sum which the defendants conceded was proper. The court should award all such expenses as might reasonably be incurred for the education and upkeep of the unplanned child, having regard to the condition in life of the child and the reasonable requirements of the child. That would include expensive schools if that was how the child’s siblings had been educated, even though this might result in ‘a very substantial claim’.
Brooke J
[1993] 1 All ER 651, [1992] 3 Med LR 257, (1992) 13 BMLR 47
Cited by:
Applied – Nunnerley and Another v Warrington Health Authority and Another QBD 26-Nov-1999
Where negligent advice lead to the birth of a disabled child who would not otherwise have been conceived, the damages to be awarded could include the costs of educating and otherwise caring for the child beyond the age of eighteen. Such duties did . .
Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.180538
