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Upstream Upsets (Wrongful Conception (Case (McFarlane v Taylorside (Facts:…

- - - - Facts: Failed sterilization procedure results in a child. Held damages for pain and suffering of birth, but not the costs of raising the child.
    - - Mental injury suffered by the patient after a failed sterilization procedure was deemed to be personal injury, claimed by ACC, rejecting Court Claim. No discussion of upbringing costs
    - - Failed sterilisation resulted in a disabled child. The Court acknowledged raising a disabled child costs more, and they allowed for the difference to account for the disability costs
        
        Applied Meadows v Khan
        
        English High Court applied Parkinson, where $10mil was given in damages for hemophilia and autism disability costs after being given negligent advice.
    - - Failed sterilisation operation lead to the birth by a visually handicapped mother. House of Lords created a new tort of Loss of Personal Autonomy, allowing for a $15,000 fixed sum given as damages.
        
        "It introduces a desirable element of certainty and predictability into the quantum of damages" S.Todd
    - - Mother sought IVF, forged Father's signature, they broke up, father claimed for the costs of bringing up the child. Used the principle of McFarlane and rejected the Father's claim
    - - The Australian High Court controversially held that upbringing costs were available under the regular principles of negligence following a failed sterilisation as the parents claim was simply economic loss consequential upon physical injury to the mother. It if was reasonably foreseeable and caused by the defendant’s negligence, then expenses are available.
- - - - A child gains legal rights against persons who have harmed him once he is born, not before.
    - - UK Supreme Court held that a child could not claim against the mother who drove negligently while pregnant and injured him in the womb.
    - - Court rejected claim by child against the doctor who have his mother negligent advice about a disease she had that gave the child congenital abnormalities. As the mother would have aborted the fetus if she had known of the abnormalities, the judge emphasized that you cannot compare life with a disability to non-existence. Kirby J dissened, stating life of severe suffering is arguably worse than non-existence.
    - - Came out black - IVF treatment used the wrong sperm. Plaintiffs lived in a conservative village and it caused many problems for them. Cannot treat the colour of someone's skin as a damage
    - - An undercover police officer got with an activist and agreed with her psycho views to bed her. The claim was deemed to not be a wrongful life claim as the child wasn’t agrived with the birth, but he was agreed with the deception and circumstances of his birth.
- - - - English High Court applied Parkinson, where $10mil was given in damages for hemophilia and autism disability costs after being given negligent advice.
    - - Ricks LJ held the Father could make a claim for disability costs.
- - - - Mother was fertilised with a random’s sperm instead of Husbands in IVF process. The Singapore Court of Appeal rejected a claim for loss of autonomy from Reece as they were going to have a child anyway. Leony JA created a new tort of loss of ‘genetic affinity’ with damages set at 30% of the costs of raising the child.