No damages are awardable for the birth of child following the failure of a vasectomy. It is against public policy to treat the birth of a child as a loss.
Times 11-Nov-1996
Scotland
Cited by:
Appeal from – McFarlane v Tayside Health Board IHCS 8-May-1998
Damages were payable where child born after vasectomy of husband and sperm tests gave false confirmation. This even though gift of a child a normal and healthy process and happy outcome. . .
Outer House – 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.83533
