'Wrongful birth' claims: what is the position in 2015?

Sep 9

Written by: newseditor
Friday, November 13, 2015  RssIcon

The High Court first recognised the entitlement to 'wrongful birth' damages in Australia in 2003. Since that time, the evolution of this area of law has remained of great interest to those working in the medical negligence space.

Our Health Law & Litigation team yesterday ran a session which looked at Australia's current position on 'wrongful birth' claims.

Guest presenter, Roslyn Kaye, Barrister, discussed the key principles arising out of the case authorities in Australia to date.

Hayley Marano, a Senior Associate in Lander & Rogers' Health Law & Litigation Team, spoke about the recent NSW Court of Appeal decision of Waller v James and the practical implications of the decision for those in the health field.

Health Law & Litigation Partner, Jane Fiske, said, "With ongoing developments in medical technology, there is the potential for claims to increase in this area due to greater expectations around the antenatal risks that can be avoided. Therefore, it is important for clinicians to adequately explain these risks, and where outside of their speciality, refer on."

"Waller v James is presently the subject of a special leave application to the High Court. We await the High Court's decision with interest."

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