Compensation for wrongful birth : an examination of the principles governing a physician's liability in Scots law for the failure of a family planning procedure
This work examines the series of cases known as the 'wrongful birth' cases, that is those in which a physician or surgeon has been sued by the parent or parents of a child on the basis of his negligence either in the provision of a family planning procedure or in the advice and information he gives regarding that procedure, as a result of which a child is born that would not have been born but for that negligence. The reported and unreported cases from the English courts are analysed, and a number of North American cases are referred to also, this in order to predict how the Scottish courts will or should deal with claims for wrongful birth. The thesis is written from the point of view of Scots law, and the English cases, though important, are not determinative. I have attempted to state the law of Scotland as it stands on 29th February 1988.