Topic
Wrongful Birth
38 published works
Bill Madden's Blog
Special leave transcript for the wrongful birth claim: Nouri v Australian Capital Territory.
By Bill Madden
As mentioned late last week, the High Court of Australia refused an application for special leave to appeal the decision of Nouri v Australian Capital Territory [2020] ACTCA 1 (available on Austlii).…
Bill Madden's Blog
Special leave refused in wrongful birth claim: Nouri v Australian Capital Territory.
By Bill Madden
The High Court of Australia today refused an application for special leave to appeal the decision of Nouri v Australian Capital Territory [2020] ACTCA 1 (available on Austlii). The appeal and the…
Bill Madden's Blog
Wrongful birth: Provision of information about genetic risks (UK)
By Bill Madden
Yesterday saw the publication of the long awaited judgment in ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB), which is available on BAILII. At an…
Bill Madden's Blog
Wrongful birth appeal: Breach and causation issues
By Bill Madden
Nouri v Australian Capital Territory [2020] ACTCA 1 (available on Austlii) saw the ACT Court of Appeal called upon to consider a wrongful birth claim where the plaintiffs had failed…
Bill Madden's Blog
Wrongful birth interlocutory orders: Number of expert witnesses, conclaves + interviewing former treating doctors.
By Bill Madden
AA v Kesby [2019] NSWSC 1711 (available on Caselaw) saw interlocutory orders made in respect of two notices of motion, dealing with issues in the leadup to a final hearing…
Bill Madden's Blog
Wrongful birth: Breach and causation
By Bill Madden
Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB), available on BAILII, saw the court consider breach issues as to what screening and advice was offered to the…
TortsProf Blog
Billauer on Wrongful Birth Claims
Barbara Billauer has posted to SSRN Re-Birthing Wrongful Birth Claims in the Age of IVF and Abortion Reforms. The abstract provides:Claims for reproductive negligence typically fall under two rubrics. Claims…
Bill Madden's Blog
Wrongful birth: Genetic affinity damages
By Bill Madden
‘Damages for Wrongful Fertilisation: Reliance on Policy Considerations’ is the title of a recent article in Deakin Law Review by Chen Meng Lam. The author argues that the Singapore Court…
Bill Madden's Blog
Wrongful birth: Limitation period issues
By Bill Madden
Stephens v Paradise Ultrasound Specialists [2019] QSC 134 is an interlocutory decision addressing limitation period issues in a wrongful birth claim. The orders made focused on factual findings, however the…
TortsProf Blog
Billauer on a Feminist-Tort Approach to Wrongful Birth
Barbara Billauer has posted to SSRN Re-Vitalizing Wrongful Birth Claims: A Feminist-Tort Approach. The abstract provides:Wrongful birth claims are brought to compensate parents for damages incident to the birth of…