‘A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims’ by Rebecca Greenstreet

Description

The law on recovery of damages in wrongful conception, wrongful birth and wrongful life cases has been treated as settled for some time following the cases of McFarlane v Tayside Health Board [2000] 2 A.C. 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530, Rees v Darlington Memorial Hospital NHS Trust [2004] 1 A.C. 309 and McKay v Essex Area Health Authority [1982] Q.B. 116.

This book takes an in-depth look at those key cases and their application in practice. There do also remain unanswered questions regarding the limits of recovery in these areas: this book provides an insight into those potential areas for development, as well as exploring the approach taken in foreign jurisdictions and examining recent UK cases in these areas in detail.

ABOUT THE AUTHOR

Rebecca Greenstreet was called to the Bar in 2013 and practised as a personal injury and clinical negligence specialist. She is an Associate Member of Hardwicke chambers and now lives in Sydney, Australia.

During her time in practice Rebecca acted for both claimants and defendants in clinical negligence matters and in all aspects of personal injury, including road traffic accidents, fraud, occupiers’ liability, employers’ liability, historic sexual abuse, industrial disease and inquests. She regularly appeared in costs matters arising in such claims, including both QOCS and fixed costs arguments.

Rebecca has a keen interest in medical ethics, previously volunteering for the Patient Advisory Liaison Service which provided a complaints resolution service within a busy and struggling hospital. She read Law at St Hugh’s College Oxford before undertaking a Masters Degree in Health Care Ethics and Law at Manchester University. Rebecca’s postgraduate dissertation provided inspiration for this book, exploring whether the law governing awards for child rearing costs in wrongful birth and wrongful conception claims was satisfactory.

REVIEWS

““A practical guide to wrongful conception, wrongful birth and wrongful life claims” is more than a practical guide, it is a must have, go-to book for any practitioner undertaking this type of claim … The book is well written, gives an insightful analysis and is an interesting read. It should be suitable for both junior and senior solicitors…”
– Moira Gwilliam, AvMA Senior Medico-Legal Advisor, in the AvMA Lawyers Service Newsletter, November 2018

CONTENTS

Chapter One – An Introduction to the Claims
Chapter Two – Is There a Cause of Action? Duty, Breach and Causation
Chapter Three – Wrongful Life
Chapter Four – Wrongful Conception and Wrongful Birth: The Background
Chapter Five – Wrongful Conception and Wrongful Birth: McFarlane v Tayside Health Board
Chapter Six – Wrongful Conception and Wrongful Birth: McFarlane Re-Visited in Parkinson v St James and Seacroft University Hospital NHS Trust
Chapter Seven – Wrongful Conception and Wrongful Birth: McFarlane Re-Visited (Again) in Rees v Darlington Memorial Hospital NHS Trust
Chapter Eight – Recent Developments: Wrongful Life
Chapter Nine – Recent Developments: Wrongful Conception and Wrongful Birth
Chapter Ten – Quantum
Chapter Eleven – Lessons From Abroad: Wrongful Life
Chapter Twelve – Lessons From Abroad: Wrongful Conception and Wrongful Birth
Chapter Thirteen – Conclusions: Is It Time for a Re-Think?