A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims

Medical Law › Tort / Personal Injury

A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims

By Rebecca Greenstreet
Law Brief Publishing May 2018

Specifications

ISBN-13
9781911035565
Publisher
Law Brief Publishing
Publication
May 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530, Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 and McKay v Essex Area Health Authority [1982] Q.B. 116.

This book takes an in-depth look at those key cases and their application in practice. There do also remain unanswered questions regarding the limits of recovery in these areas: this book provides insight in to those potential areas for development, as well as exploring the approach taken in foreign jurisdictions.

Table of Contents

Chapter One: An introduction to the claims.
Chapter Two: Is there a cause of action? Duty, breach and causation.
Chapter Three: Wrongful life.
Chapter Four: Wrongful conception and wrongful birth: the background.
Chapter Five: Wrongful conception and wrongful birth: the key cases.
Chapter Six: Recent developments.
Chapter Seven: Lessons from abroad: a look at foreign jurisdictions.
Chapter Eight: Conclusions: is it time for a re-think?
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