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. It discusses the reasoning in each of the judgments and seeks to identify 10 McFarlane v Tayside Health Board and Cattanach v Melchior LAURA HOYANO I. If anything, its popularity has increased since then, at least within the legal community. 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. Mrs Melchior told Dr Cattanach that when she was 15, … Cattanach v Melchio [2003] HCA 38 215 CLR 1; 77 ALJR 1312; 199 ALR 131 16 Jul 2003 Case Number: B22/2002. Cattanach v Melchior' ('Cattanach') answered this question in the affirmative. This is a chapter from Herring & Goold, eds, Landmark Cases in Medical Law (Hart, 2015) (forthcoming). 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 … Bradfield OM(1). (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. 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. It compares two judgments, from the House of Lords and from the Australian High Court, reaching opposite results where negligent medical errors She told the doctor… Healthy law makes for healthy children: Cattanach v Melchior. The couple had planned their finances around bringing up two children. Review 883, 886. 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]). Dixon, Nicolee. Cattanach v Melchior (2003) 199 ALR 131. PDF RTF: Before Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ Catchwords. 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. 2007] Tort Law, Policy and the High Court of Australia 571 4 Laura Hoyano, ‘Misconceptions about Wrongful Conception’, (2008) 65 Modern Law . This article critically reviews the High Court decision in light of the continental-European experience. Cattanach v Melchior Sonia Allan 2020-08-29T10:07:26+10:00. In 1992, Dr Stephen Cattanach performed a tubal ligation at Brisbane's Redland Hospital. 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 It discusses the reasoning in each of the judgments and seeks to identify themes so as … Cattanach v Melchior. 5 At p.39. 6 Cattanach v Melchior (2003) 215 CLR 1 (‘Cattanach’). December 2014; In book: Landmark Cases in Medical Law ... Download full-text PDF Read full-text. 2005 Feb;12(3):305-22. CATTANACH V MELCHIOR: PRINCIPLE, POLICY AND JUDICIAL ACTIVISM David Hamer* In 1997 Greg Craven commented that ‘judicial activism’ had become a ‘more popular topic of conversation in Australia ... than at any time in its history’. 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