Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530

Clinical negligence: Wrongful birth: a complex anomaly

Julian Matthews looks at the rules limiting recovery of damages in such cases, and practical issues relating to the quantification and management where a claim can be made ‘A wrongful birth claim based upon a negligent failed sterilisation, or failures in relation to antenatal screening, where there is then a disabled child born, is likely …

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Case report: Khan v MNX [2018] EWCA Civ 2609

Informed consent; clinical negligence; the SAAMCO principle ‘In the event, the Court of Appeal in Khan distinguished Chester on the facts in order to apply the SAAMCO principles to the duty to give informed consent.’ Khan v MNX [2018] is an important decision clarifying that the SAAMCO principle, that losses are only recoverable if they …

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Compensation: Recovering damages in wrongful life cases

Suzanne Farg gives guidance on pursuing clinical negligence claims for ‘wrongful conception’ and ‘wrongful birth’ The essential characteristics of reproductive and antenatal medical treatment are such that negligence in these areas will often have further reaching implications for the patient and his or her family, than negligence in other areas of medicine. Particular examples are …

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