Facts
- A negligent sterilisation operation resulted in the wrongful birth of a disabled child
Issue
- Could a parents’ claim be made for the costs of raising a disabled child
Decision
- Claim allowed in part, only for additional costs associated with the child’s disability
Reasoning
- Although a disabled child has the same worth as a healthy child, in reality a disabled child does cost more to raise
- Note that the disability need not be caused by the medical practitioner (it couldn’t be), it just needs to result from the wrongful pregnancy
Citation
[2001] EWCA Civ 530
