Mcfarlane V. Tayside Health Board

Wrongful birth occurs where a husband or wife underwent through the procedure of sterilisation or vasectomy and even after that treatment wife got pregnancy and unwanted child born, if child born healthy, courts held that this is not harm such as in the Scottish case of McFarlane v Tayside Health Board [2000] 2 A.C. 59 . The pursuer underwent a vasectomy operation and was told that he is now safe for not having child. Following the advice of surgeons he ignored using contraceptive and as a result of this his wife became pregnant and their fifth child was born. He brought claim against Tayside Health Board that his wife suffered physical pain and distress. They claimed that this was happened all due to the negligence of the defendants. The both claim was dismissed by the Lord Ordinary (Lord Gill). He took the view that pregnancy does not fall within the scope of an injury for which damages are recoverable. Furthermore, birth of child is kind of happiness which could not be ignored. He also rejected the claim of cost for upbringing of a child. House of Lord allowed the appeal in part. They accepted the argument of mother for physical pain and stress but they said that it was unfair to extend that duty to include the costs of raising a child. The Tayside Health Board could not be held liable for any further economic loss suffered by
Maurice [1986] Q.B. 644 where a husband went through similar vasectomy operation, he received same advice and ignored contraceptive measures his wife gone and pregnant and a healthy child was born, he claimed under the law of Tort and Contract. He was awarded damages for the pain and distress, and loss of earnings but they dismissed the claim of upbringing the child’s cost. An exception was recognised in the case of Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530; [2002] Q.B. 266. It was decided that child born with severally disable, the costs of raising a child may