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Parkinson v St James and Seacroft University Hospital NHS Trust [2002]

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

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