Damages for wrongful life refused – UK Human Rights Blog

Posted January 11th, 2019 in assisted reproduction, birth, contracts, damages, negligence, news, wrongful birth by sally

‘Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful birth arising from a breach of contract.’

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UK Human Rights Blog, 10th January 2019

Source: ukhumanrightsblog.com

The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

Damages for wrongful birth: how far does a doctor’s responsibility go? – UK Human Rights Blog

Posted November 29th, 2017 in birth, causation, damages, doctors, negligence, news, wrongful birth by sally

‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’

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Hardwicke Chambers, 8th April 2016

Source: www.hardwicke.co.uk

Family of disabled sue NHS for ‘wrongful birth’ – Daily Telegraph

Posted July 16th, 2009 in birth, hospitals, negligence, news, wrongful birth by sally

“Rupert Parsons’ mother is claiming £1.5 million in interim compensation for ‘wrongful birth’ on the grounds that the hospital should have picked up on his ‘severe, profound and multiple disabilities’ before the 20th week of her pregnancy.”

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Daily Telegraph, 16th July 2009

Source: www.telegraph.co.uk

Whitehead and Another v Hibbert Pownall & Newton (a Firm) – Times Law Reports

Posted May 14th, 2008 in damages, law reports, negligence, solicitors, wrongful birth by sally

Whitehead and Another v Hibbert Pownall & Newton (a Firm)

Court of Appeal

“Where solicitors had negligently failed to prosecute a claim for damages for clinical negligence on behalf of a mother in respect of future losses for a wrongful birth, those losses were curtailed by the death of the mother; the solicitors were not liable in a subsequent claim for professional negligence brought on behalf of the mother’s estate for what amounted to a windfall in that, had her claim been brought to a successful conclusion before her death, the recoverable damages would have not have been curtailed by her death but would have extended to cover the costs of care into the future.”

The Times, 14th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.