Mrs Melchior told Dr Cattanach that when she was 15, … The mother's rubella was not diagnosed during her This article considers the High Court decision of Cattanach v Melchior, which permitted the recovery of damages for the cost of raising a child born through medical negligence. Cattanach v Melchior [2003] HCA 38 (High Court of Australia) (relevant to Chapter 5, under heading ‘Pre-Natal Injuries and Wrongful Life’ on p 152) Where negligence by a medical practitioner is a cause of the conception and birth of a child, the liability in damages of the medical practitioner to the parents of the PDF (60kB) 57061.pdf. This is a chapter from Herring & Goold, eds, Landmark Cases in Medical Law (Hart, 2015) (forthcoming). White, Benjamin P. (2004) Cattanach v Melchior : babies, blessings and burdens. Cattanach and Anor v Melchior and Anor - [2003] HCATrans 559 - Cattanach and Anor v Melchior and Anor (12 February 2003) - [2003] HCATrans 559 (12 February 2003) (Gleeson CJ, McHugh J, Gummow J, Kirby J, Hayne J, Callinan J, Heydon J) - 12 February 2003 It discusses the reasoning in each of the judgments and seeks to identify This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. In Cattanach v Melchior a majority of the High Court of Australia held that damages for wrongful birth can include compensation for the cost of raising a healthy child. Cattanach v Melchior and implications for health information managers James Cokayne Introduction The recent High Court ruling uphol ding a pri or deci sion to allow a mother to su e for the cost of rearing a child after having had a failed sterilisation has under-standably attracted great controversy (Cattanach v Melchior [2003]). Cattanach v Melchio [2003] HCA 38 215 CLR 1; 77 ALJR 1312; 199 ALR 131 16 Jul 2003 Case Number: B22/2002. Cattanach - vs - Melchior. 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. 2005 Feb;12(3):305-22. Cattanach v Melchior: Principle, Policy and Judicial Activism 227 for the loss caused by the defendants’ negligence. PDF RTF: Before Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ Catchwords. Dr Cattanach appealed to the High Court, and the sole issue for its consideration was whether damages for the cost of raising a child should be awarded. Informit is an online service offering a wide range of database and full content publication products that deliver the vast majority of Australasian scholarly research to the education, research and business sectors. The dissentients rejected damages on the basis that it would impinge upon policies such as the sanctity of life. Cattanach v Melchior. Queensland Lawyer, 24, pp. Dixon, Nicolee. In 1992, Dr Stephen Cattanach performed a tubal ligation at Brisbane's Redland Hospital. GLEESON CJ. Preview. THE ISSUE. Case Note: Cattanach v Melchior CASE NOTE* VICTORY FOR RELUCTANT PARENTS: CA TTANA CH V MELCHIOR I INTRODUCTION In the landmark decision of Cattanach v Melchior,I handed down on 16 July 2003, the High Court held, contrary to precedent in the United Kingdom and Canada, that the parents of a child born as a result of a doctor's negligence are entitled to recover damages for the … It is the most conservative of the minority judgments, reminiscent of the House of Lords’ treatment of issues relating to the value to be placed on the birth of … Cattanach v Melchior, an Australian court case; This page lists people with the surname Cattanach. ON 16 JULY 2003, the High Court of Australia delivered Cattanach v Melchior [2003] HCA 38; 215 CLR 1; 199 ALR 131; 77 ALJR 1312 (16 July 2003). It discusses the reasoning in each of the judgments and seeks to identify themes so as to explain the divide between the majority and minority. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. The rubella … 1. Low This article has been rated as Low-importance on the project's importance scale. The damages were to If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding the person's given name(s) to the link. It was held by a majority of the High Court (Gleeson CJ, Hayne and Heydon JJ dissenting) that the negligent doctor could be held responsible for the costs of raising and maintaining a healthy child. Cattanach V Melchior - Facts Facts Mrs Kerry Anne Melchior had seen the obstetrician and gynaecologist Stephen Alfred Cattanach, and asked for a tubal ligation procedure to be performed on her, citing financial inability to support a third child. owenbrad@yahoo.com.au When courts are forced to consider issues surrounding birth and the sanctity of life, it is inevitable that divergence of judicial, academic and public opinion will result. 4 Melchior & Anor v Cattanach & Anor [2000] QSC 285 at [81] where Holmes J summarises the damages awarded. Healthy law makes for healthy children: Cattanach v Melchior. 296-305. Harriton v Stephens [2006] HCA 15 The plaintiff, Alexia Harriton, was 25 at the time of the hearing, but her claim related to the failure of her mother’s GP to accurately diagnose her mother’s rubella during the first trimester of her pregnancy with Alexia. Coorey A, Panikabutara P. PMID: 16756212 [PubMed - indexed for MEDLINE] Publication Types: The majority did not reject such policies out of hand, but were less certain as to how the law would best serve them. CATTANACH v. MELCHIOR HIGH COURT OF AUSTRALIA (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; (2003) Aust Cattanach v Melchior. Cattanach v Melchior contains the first opinion of Heydon J since his Honour’s appointment to the High Court. She told the doctor… Jump to: General, Art, Business, Computing, Medicine, Miscellaneous, Religion, Science, Slang, Sports, Tech, Phrases We found one dictionary with English definitions that includes the word cattanach v melchior: Click on the first link on a line below to go directly to a page where "cattanach v melchior… J Law Med. A woman went to a doctor for a sterilisation procedure as she and her husband did not intend to have any 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. CALLINAN J. GUMMOW J. HAYNE J. HEYDON J. McHUGH J. KIRBY J: 16 JULY 2003: Judgment. 1. This article considers the High Court decision of Cattanach v Melchior, which permitted the recovery of damages for the cost of raising a child born through medical negligence. Cattanach v Melchior is within the scope of WikiProject Australia, which aims to improve Wikipedia's coverage of Australia and Australia-related topics.If you would like to participate, visit the project page. View HC-2003-Cattanach-v.-Melchior.pdf from LAW 1001 at University of Malaya. Author information: (1)The Alfred Hospital, Melbourne. Cattanach v Melchior' ('Cattanach') answered this question in the affirmative. 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. Gleeson CJ. Informit encompasses online products: Informit … Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, This was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. Bradfield OM(1). 2006 May;13(4):419-30. Australian/Harvard Citation. & Queensland. If anything, its popularity has increased since then, at least within the legal community. 5 Melchior v Cattanach … J Law Med. Cattanach v. Melchior (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38 Country: Australia Region: Oceania Year: 2003 Court: High Court 248 Cattanach (HCA) (n 3 above) [161] (Kirby J); Bradfi eld (n 101 above), 314 (Bradfi eld being Resident Medical Offi cer, the Alfred Hospital, Melbourne). Parliamentary Library. CATTANACH V MELCHIOR: PRINCIPLE, POLICY AND JUDICIAL ACTIVISM David Hamer* In 1997 Greg Craven commented that ‘judicial activism’ had become a ‘more popular topic of conversation in Australia ... than at any time in its history’. It compares two judgments, from the House of Lords and from the Australian High Court, reaching opposite results where negligent medical errors Start This article has been rated as Start-Class on the project's quality scale. The costs of raising a child : Cattanach v Melchior and the Justice and Other Legislation Amendment Bill 2003 (Qld) / Nicolee Dixon Queensland Parliamentary Library, Publications and Resources Section Brisbane 2003. 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