Chapter

The Assessment of Damages

John Seymour

in Childbirth and the Law

Published in print July 2000 | ISBN: 9780198264682
Published online March 2012 | e-ISBN: 9780191682759 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264682.003.0007
The Assessment of Damages

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The range of harms in respect of which damages may be sought from negligent doctors and midwives is vast. The negligence may cause harm to the mother; alternatively, or in addition, it may result in the child being born injured or disabled. This latter outcome may lead to a claim for damages on behalf of the child and a claim by either or both parents. Similarly, parents may seek recompense when medical negligence has led to a stillbirth or a perinatal death. Quite different are the claims that arise when a child is unwanted; here, damages may be sought whether the child is normal or abnormal. In many of the situations described, difficult problems can arise as to the proper assessment of damages. This chapter identifies the more important considerations that arise in the calculation of the damages to which parents and children are entitled when antenatal or perinatal negligence has been proved.

Keywords: damages; injury; disability; antenatal negligence; perinatal negligence; stillbirth

Chapter.  11089 words. 

Subjects: Medical and Healthcare Law

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