owenbrad@yahoo.com.au When courts are forced to consider issues surrounding birth and the sanctity of life, it is inevitable that divergence of judicial, academic and public opinion will result. This is a chapter from Herring & Goold, eds, Landmark Cases in Medical Law (Hart, 2015) (forthcoming). Cattanach v Melchior and implications for health information managers James Cokayne Introduction The recent High Court ruling uphol ding a pri or deci sion to allow a mother to su e for the cost of rearing a child after having had a failed sterilisation has under-standably attracted great controversy (Cattanach v Melchior [2003]). Parliamentary Library. J Law Med. While the decision was reached by a narrow (four-to-three) majority only, the ruling affirmed a (two-to-one) decision by the Queensland Court of Appeal to award damages in the amount of $105,000. In Cattanach v Melchior a majority of the High Court of Australia held that damages for wrongful birth can include compensation for the cost of raising a healthy child. This article critically reviews the High Court decision in light of the continental-European experience. A woman went to a doctor for a sterilisation procedure as she and her husband did not intend to have any more children. Abstract: In Cattanach v Melchior a majority of the High Court of Australia held that damages for wrongful birth can include compensation for the cost of raising a healthy child.The case raises questions about what it is that constitutes harm for purposes of bringing a claim in negligence. 10 McFarlane v Tayside Health Board and Cattanach v Melchior LAURA HOYANO I. This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. Mr and Mrs Melchior had two healthy children and had decided that they were happy with the size of their family and were not going to have any more. 9 See Cattanach v Melchior (2003) 215 CLR 1, which allowed damages for wrongful birth, including the ordinary costs of raising the child to maturity, although those costs are now excluded by state legislation: see Civil Liability Act 2002 (NSW) s 71; Civil Liability Act 2003 Australian/Harvard Citation. Cattanach v Melchior' ('Cattanach') answered this question in the affirmative. McFarlane v Tayside Health Board and Cattanach v Melchior. December 2014; In book: Landmark Cases in Medical Law ... Download full-text PDF Read full-text. Cattanach v Melchior (2003) 199 ALR 131. Author information: (1)The Alfred Hospital, Melbourne. The case raises questions about what it is that constitutes harm for purposes of bringing a claim in negligence. 2007] Tort Law, Policy and the High Court of Australia 571 Download full-text PDF. Review 883, 886. Cattanach v Melchior The Melchior’s, deciding that they had completed their family with two children, agreed that Mrs Melchior should undergo a tubal ligation to be performed by Dr Cattanach. Cattanach v Melchior Sonia Allan 2020-08-29T10:07:26+10:00. Cattanach v Melchior’ (2005) 12 Journal of Legal Medicine 305, 306. INTRODUCTION T HIS IS A tale of two negligent medical errors in the control of human He clipped only her left tube. Facts. The couple had planned their finances around bringing up two children. If anything, its popularity has increased since then, at least within the legal community. Case. It discusses the reasoning in each of the judgments and seeks to identify Healthy law makes for healthy children: Cattanach v Melchior. Cattanach v Melchior. Cattanach v Melchior: Principle, Policy and Judicial Activism 227 for the loss caused by the defendants’ negligence. In 1992, Dr Stephen Cattanach performed a tubal ligation at Brisbane's Redland Hospital. Supporting this argument is the courts departure from the principles established in McFarlane v Tayside Health Board [1999].Additionally, Cattanach extends itself by attempting to address and give legal clarity to the idea of compensable harm in relation to negligence of medical practitioners. The rubella … 1. ON 16 JULY 2003, the High Court of Australia delivered Cattanach v Melchior [2003] HCA 38; 215 CLR 1; 199 ALR 131; 77 ALJR 1312 (16 July 2003). Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. 6 Cattanach v Melchior (2003) 215 CLR 1 (‘Cattanach’). Mrs Melchior told Dr Cattanach that when she was 15, … CASES CATTANACH V MELCHIOR (2003) 215 CLR 1 ROLE OF PRIVATE LAW Instrumental: efficiency, policy goals Negligence Damages FACTS Mr and Mrs Melchior had two healthy children and had decided that they were happy with the size of their family and were not going to have any more. It is the most conservative of the minority judgments, reminiscent of the House of Lords’ treatment of issues relating to the value to be placed on the birth of … & Queensland. She told the doctor… It was held by a majority of the High Court (Gleeson CJ, Hayne and Heydon JJ dissenting) that the negligent doctor could be held responsible for the costs of raising and maintaining a healthy child. Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, This was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. It compares two judgments, from the House of Lords and from the Australian High Court, reaching opposite results where negligent medical errors 2005 Feb;12(3):305-22. The costs of raising a child : Cattanach v Melchior and the Justice and Other Legislation Amendment Bill 2003 (Qld) / Nicolee Dixon Queensland Parliamentary Library, Publications and Resources Section Brisbane 2003. Cattanach v. Melchior (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38 Country: Australia Region: Oceania Year: 2003 Court: High Court (2) This Part does not apply to any claim for damages by a child in civil proceedings for personal injury sustained by the child pre-natally or during birth. Bradfield OM(1). 5 Scuriaga v. Powell [1979] 123 SJ 406, 421. This article considers the High Court decision of Cattanach v Melchior, which permitted the recovery of damages for the cost of raising a child born through medical negligence. 4 Laura Hoyano, ‘Misconceptions about Wrongful Conception’, (2008) 65 Modern Law . Dixon, Nicolee. The couple had planned their finances around bringing up two children. This article considers the High Court decision of Cattanach v Melchior, which permitted the recovery of damages for the cost of raising a child born through medical negligence. 5 At p.39. Cattanach v Melchio [2003] HCA 38 215 CLR 1; 77 ALJR 1312; 199 ALR 131 16 Jul 2003 Case Number: B22/2002. It discusses the reasoning in each of the judgments and seeks to identify themes so as … Mrs Melchior did not wish to … 7 Harriton v Stephens (2006) 226 CLR 52 (‘ Harriton ’). Summary. The dissentients rejected damages on the basis that it would impinge upon policies such as the sanctity of life. Harriton v Stephens [2006] HCA 15 The plaintiff, Alexia Harriton, was 25 at the time of the hearing, but her claim related to the failure of her mother’s GP to accurately diagnose her mother’s rubella during the first trimester of her pregnancy with Alexia. He understood her to have had her right fallopian tube removed during an appendectomy over twenty years previously. Cattanach v Melchior contains the first opinion of Heydon J since his Honour’s appointment to the High Court. 4 Cattanach v Melchior [2003] HCA 38; 215 CLR 1 at [39] (Gleeson CJ). Informit encompasses online products: Informit … (amended after Cattanach v Melchior) DAMAGES FOR THE BIRTH OF A CHILD PROVISIONS s70: (1) This Part applies to any claim for damages in civil proceedings for the birth of a child. Has increased since then, at least within the legal community certain as how... Doctor for a sterilisation procedure as she and her husband did not such... 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