McFarlane v Tayside Health Board
McFarlane v Tayside Health Board [2000] 2 AC 59 is a landmark case in the United Kingdom concerning the law of negligence, specifically in the context of wrongful birth claims. The case was heard by the House of Lords, which is now succeeded by the Supreme Court of the United Kingdom. This decision has had a significant impact on the development of negligence law, particularly in the area of medical negligence and the recoverability of damages for the costs of raising a healthy child born as a result of a failed sterilization procedure.
Background[edit | edit source]
The plaintiffs, Mr. and Mrs. McFarlane, brought a claim against the Tayside Health Board after Mrs. McFarlane became pregnant and gave birth to a healthy child following a failed sterilization operation. The operation was carried out by a surgeon employed by the Tayside Health Board. The McFarlanes sought to recover the costs associated with raising their child, arguing that they had undergone the sterilization procedure to avoid such financial responsibilities.
Judgment[edit | edit source]
The House of Lords held that the McFarlanes could not recover the costs of raising their child. The majority opinion was that, while the health board was negligent in failing to perform the sterilization procedure effectively, the birth of a healthy child could not be considered a harm or loss for which damages could be awarded. The Lords emphasized the social and moral difficulties in quantifying the cost of raising a child as damages in negligence law.
Significance[edit | edit source]
The decision in McFarlane v Tayside Health Board has been a subject of much debate and analysis. It established a precedent in the UK that parents cannot claim the costs of raising a healthy child as damages in cases of failed sterilization. The case raises important questions about the nature of loss, the value of human life, and the limits of negligence law. It has influenced subsequent cases and legal principles concerning wrongful birth claims and the recoverability of damages in similar contexts.
See Also[edit | edit source]
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