Birth of Unwanted Child – 2

Parkinson v St James and Seacroft University Hospital NHS Trust (CA TLR 24 April)

Where a mother who has undergone a negligently performed sterilisation subsequently gives birth, it is established on the authorities that the parents cannot bring a claim for the economic loss in bringing up a healthy child. In the present case the claimant conceived her fifth child ten months after undergoing a laparoscopic sterilisation and although warned that the child might be born with a disability she chose not to have the pregnancy terminated. She could not recover any sum in respect of the basic costs of his maintenance, but she was, nevertheless, entitled to recover damages for the costs of providing for the special needs and extra expenses of her son who was born with significant disabilities.