The Lord Ordinary (Lord Gill) dismissed the action in respect of both heads of claim: McFarlane v. Tayside Health Board 1997 S.L.T. Edited by: The Rt Hon Sir Mathew Thorpe Publisher: Bloomsbury Professional LORD SLYNN OF HADLEY. Haley v London Electricity Board (1965) . Clinical Risk 2001 7: 1, 20-22 Download Citation. McFarlane v Tayside Health Board 2: The claimants decided they did not want any more children and so the husband underwent a vasectomy. Examines the connection between distributive and corrective justice, the concepts underpinning distributive justice and its practical application in cases such as McFarlane v Tayside Health Board and the Court of Appeal and House of Lords' decisions in Rees v Darlington Memorial Hospital NHS Trust, on whether a disabled mother could claim . They held that the parents could not claim the costs of bringing up a healthy child born as a result of a failed sterilisation. These were: McFarlane v Tayside Health Board [2000] 2 AC59, Parkinson v St James and Seacroft University Hospital NHS Trust [2000] QB266 and Rees v Darlington Memorial Hospital NHS Trust [2002] 2WLR 1483. The claim was brought before the Court of Session and the House of Lords . A Health Board or Trust or NH doctors are public authorities. In answering this question, pay close attention to the role that principle and. McFarlane v Tayside Health Board [1999]4 All ER 961 Facts : The reasonable person was to be a 'commuter on the London Underground' (per Lord Steyn). Differing from the Inner House of the Court of Session (1998 SLT 307), the House unanimously rejected . This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. As far as disabled children are concerned, parents can the additional costs attributable to the disability (Parkinson v St James and Seacroft NHS Trust [2001] EWCA Civ 530)". Tayside Health Board, 2000 S.C. McFarlane v Tayside Health Board [2000] 2 AC 59: Wrongful Conception Cases: McKay v Essex Area Health Authority [1982] 2 All ER 771: Wrongful Conception Cases: Rothwell v Chemical Insulating (the pleural plaques litigation) [2007] UKHL 39: Nervous Shock Cases: Barber v Somerset County Council [2004] UKHL 13: Nervous Shock Cases: Greatorex v . 1301 at 1313 McFarlane v Tayside Health Board: IHCS 8 May 1998.
52 arises from a lower court backlash against the House of Lords' prior decision in McFarlane v. Tayside Health Board [2000] 2 AC 59. Secondly, Mr. and Mrs. McFarlane claimed a sum of 100,000 in respect of the financial cost of bringing up Catherine. Mrs McFarlane becomes pregnant and a healthy child is born. McFarlane v Tayside Health Board The claimant had become pregnant after her partner's vasectomy failed and claimed for the costs of bringing up the child. McFarlane holding that healthy children brought about by negligence in family planning procedures are blessings, and parents should therefore be denied . At the request of counsel, we heard submissions on 28 and 29 September 1999, but it was agreed that further submissions might be appropriate, once the decision in McFarlane was available. Simply select your manager software from the list below and click on download. McFarlane v Tayside Health Board [1999] Facts.
Introduction. Supporting this argument is the courts departure from the principles established in McFarlane v Tayside Health Board [1999].Additionally, Cattanach extends itself by attempting to address and give legal clarity to the idea of compensable harm in relation to negligence of medical practitioners.
The sterilisation had been negligently performed and R gave birth to a healthy son. . Palmer v Tees Health Authority . Decision. This chapter examines the civil reparation lawsuit filed by Scottish spouses George McFarlane and Laura Helen McFarlane against the Tayside Health Board.
The starting point is McFarlane. In McFarlane v Tayside Health Board [2000] 2 AC 59, all their Lordships, in their different ways, recognised that to cause a woman to become pregnant and bear a child against her will was an invasion of that fundamental right to bodily integrity, although they expressed themselves differently. The result of McFarlane is well-known; the parent (s) of an unwanted child, conceived as a result of clinical negligence can recover (in the case of the mother) general damages of some sort or another but cannot claim for the costs of child care during the dependence of the child upon the parent (s).
In Richardson, though this was on the face of things a product liability case . McFarlane v Tayside Health Board [2000] , held = Rawyards Coal Company (1880) 5 App Cas 25 Macfarlane v. Tayside Health Board (1997) SLT 211 (OH) Macfarlane v. Tayside Health Board [2000] 2 AC 59 (HL). The law on recovery of damages in wrongful conception, wrongful birth and wrongful life cases has been treated as settled for some time following the cases of McFarlane v Tayside Health Board [2000] 2 A.C. 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530, Rees v Darlington Memorial Hospital NHS Trust [2004] 1 A.C. 309 and McKay v Essex Area . . 1301 at 1313 5 Ibid. McFarlane v Tayside Health Board 2000 Couple negligently advised vasectomy operation rendered husband infertile Failed to use contraception Child born to them They raised an action for damages for the cost of raising a child McFarlane v Tayside Health Board [2000] 2 AC 59 Parkinson v St James [2001] 3 WLR 376 Rees v Darlington Memorial Hospital NHS Trust [2003] 3 WLR 1091 Reid v Rush & Tompkins Plc [1990] 1 WLR 212 Merrett v Babb [2001] 3 WLR 1 Simaan General Contracting Co v Pilkington Glass Ltd [1988] QB 758 Smith v Eric S Bush [1990] 1 AC 831 Cited by: Cited - Groom v Selby CA 18-Oct-2001 The defendant negligently failed to discover the claimant's pregnancy . Darlington Memorial Hospital N.H.S. The author considers the relevance to these issues of McFarlane v. Tayside Health Board (1999), Parkinson v. St. James' (2001) and Rees v. Darlington Memorial Hospital NHS Trust (2003). The document also included supporting commentary from author Craig Purshouse. LEADING CASES IN MEDICAL NEGLIGENCE: McFarlane v Tayside Health Board.
The Court at first instance followed McFarlane v Tayside Health Board [2000] 2 AC 59 and Rees v Darlington Memorial Hospital NHS Trust [2004] 1 AC 309, ruling that damages could not be recovered for the birth of a healthy child.
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