Foetal Rights, abortion and wrongful conception/birth.

Question 1

McCluskey v HMA (1989)

Answer 1

Foetus dies due to car crash. Established there is no criminal liability unless child is born alive first.

Question 2

Stuart v Reid (2015)

Answer 2

Grandfather was struck by a car and died 3 days later due to the injuries. Damages were claimed for all 3 of his grandchildren including one born 5 months after is death.

Question 3

Kelly v Kelly (1997)

Answer 3

Established there was no right for a father to prevent the termination of a pregnancy.

Question 4

C v S (1988)

Answer 4

Father tries to prevent mother from terminating pregnancy on the grounds that the child would be ‘capable of being born alive’. Found that a child born between 18-21 weeks, although showing signs of life, would not be capable of living.

Question 5

McFarlane v Tayside Health Board (2000)

Answer 5

Cannot recover damages for costs of raising a child after failed sterilisation.

Question 6

Parkinson v St James and Seacroft University Hospital NHS Trust (2002)

Answer 6

can recover damages for cost associated with a child’s disability after failed sterilisation.

Question 7

Dow v Tayside University Hospital NHS Trust (2006)

Answer 7

Failed abortion leading to one twin being born healthy. Action for damages was dismissed as irrelevant.

Question 8

McKay v Essex A.H.A. (1982)

Answer 8

Child born with disabilities after mother suffered from rubella wile pregnant. Claim made but dismissed as no reasonable cause for action.

Question 9

X v Mutuelle (2000)

Answer 9

Child born in France with disabilities after mother suffered from rubella during pregnancy. Head that mother and son could both claim damages.