Cattanach v Melchio

Negligence – Medical negligence - Negligent advice following sterilisation procedure - Birth of child - Damages - Whether damages recoverable for past and future costs of raising and maintaining child until the age of 18 years - Whether award of damages should be reduced through reference to benefits and pleasures derived, or to be derived, from child.

Public policy – Family relationships - Negligent advice following sterilisation procedure - Birth of child - Damages - Whether birth of child is a legal harm for which damages may be recovered - Whether departure is required from ordinary tortious rules as to causation and economic loss.

Damages – Negligence - Medical negligence - Negligent advice following sterilisation procedure - Birth of child - Whether recovery limited to damages for pain, suffering, inconvenience and costs of pregnancy and childbirth - Whether additional damages recoverable for past and future costs of raising and maintaining child until the age of 18 years - Whether absence of physical injury to father of child indicates that damage amounts to pure economic loss - Whether unplanned pregnancy constitutes injury to mother - Applicable rules governing recovery in such a case - Whether award of damages should be reduced through reference to benefits and pleasures derived, or to be derived, from child - Whether recovery limited to cases involving extra costs caused by disability of parent or child.