Harriton v Stephens, was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. The damages were to 2) (1935) 52 CLR 713, considered. This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. That case arose from negligent advice following an incompletely performed sterilisation operation and one of the issues (the only issue litigated in the High Court) was whether the parents could recover as damages the cost of rearing the child, both View HC-2003-Cattanach-v.-Melchior.pdf from LAW 1001 at University of Malaya. Murray v Whiting [2002] QSC 257, applied. Choo J distinguished McFarlene v Tayside and Cattanach v Melchior as being “wrongful birth” cases, where the woman conceived after a procedure that was targeted at preventing conception. Melchior and her husband sought damages from her obstetrician and gynecologist, Dr Cattanach, and the State of Queensland for the cost of raising and maintaining her unintended child to adulthood. Since the argument in this appeal the High Court of Australia has given judgment in Cattanach v Melchior [2003] HCA 38. 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. Since the argument in this appeal the High Court of Australia has given judgment in Cattanach v Melchior [2003] HCA 38. Melchior v Cattanach [2001] QCA 246, applied . Mrs Melchior had decided that she wanted no more children. 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. Faulkner v Bluett (1981) 52 FLR 115, considered. The same situationwill occur. Cattanach, a similar case heard by the High Court of Australia,8 revolved mainly around the same issues. In Cattanach v Melchior, para 166, Kirby J said that to award these extra costs would reinforce views about disability and attitudes towards parents and children with physical or mental impairments that were contrary to contemporary Australian values reinforced by the law. The mother's rubella was not diagnosed during her It compares two judgments, from the House of Lords and from the Australian High Court, reaching opposite results where negligent medical errors 4 The economic value of human relationships : Cattanach v. Melchior revisited / Isabel Karpin ; Judgment / Kylie Burns --ACCC v. Keshow [2005] FCA 558. Case Harriton v Stephens (2006) 226 CLR 52 Waller v James; Waller v Hoolahan (2006) 226 CLR 136 Summary Facts In Harriton v Stephens, a child (Alexia Harriton) was born suffering severe congenital disabilities following her mother having contracted the rubella virus while pregnant. 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. The reasons for judgment of other members of the Court refer to the case law in other jurisdictions. as followed Cattanach v Melchior - rearing or maintaining a child suffering Judgment of NSW is not defined. This has ultimately led to Cattanach establishing a positive framework, previously not recognised by the courts, to award damages for the torts of wrongful birth and wrongful life. The question cannot be answered by intuition. Cattanach v Melchior (2003) 215 CLR 1, applied. The argument in medical cases is more likely to be about whether there has been a breach of the doctor's duty, or whether any breach was a cause of the harm of which the plaintiff complains. Cattanach - vs - Melchior ... McFarlane v Tayside Health Board [2000] 2 AC 59. At least to the present time, that is also the preponderant view in North America. Cattanach v Melchior' ('Cattanach') answered this question in the affirmative. 2. judgment in Cattanach v Melchior [2003] HCA 38. 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