GEN: Wrongful Life Metastasizes

From: art fougner, md (evsono@pipeline.com)
Fri Jul 25 08:04:39 2003


Doctor who botched sterilisation has to pay cost of raising child Christopher Zinn Sydney

After a recent High Court decision it seems that doctors whose negligence results in a patient giving birth after a failed sterilisation operation might have to pay the costs of bringing up the children until they are aged 18.

In a 4-3 decision Australia's highest court held that an obstetrician and gynaecologist who performed an unsuccessful tubal ligation in 1992 must pay $A105 000 (£43 000; $68 000; €60 000) towards the costs of raising the woman's son.

Kerry and Craig Melchior sued after she gave birth to their third child, a boy called Jordan, five years after the laparoscopic sterilisation performed by Dr Stephen Cattanach. Ms Melchior was aged 40 at the time of the procedure.

It was claimed that Dr Cattanach failed to detect her right fallopian tube, which she allegedly had told him was removed in 1967 after an appendix operation, and only operated on her left.

The couple took legal action against the doctor and the state of Queensland. The case went to the High Court which ruled in the couple's favour.

http://bmj.com/cgi/content/abridged/327/7408/183

art

--
art fougner, md
ich bin ein New Yorker




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