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United Kingdom
wrongful birthconventional awardmedical
Rees v Darlington Memorial Hospital NHS Trust
[2003] UKHL 52, [2004] 1 AC 309
Key Principle
Following negligent sterilisation resulting in the birth of a healthy child, the parent cannot recover the costs of bringing up the child (per McFarlane), but the court will make a conventional award (set at £15,000) to mark the legal wrong and the parent's loss of autonomy in family planning, and this applies even where the mother is herself disabled.
Area of Law
tort
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