McFarlane v Tayside Health Board [2000] 2 AC 59

House of Lords 

Basic Facts: After a vasectomy, Mr. McFarlane’s wife became pregnant. They sued the Health Board for the cost of raising the child and the distress of an unintended pregnancy. 

Issue: Can a claim for wrongful conception lead to negligence claims? 

Held Allowing the claimants’ appeal in part; the mother was entitled to damages for the pain, suffering, and inconvenience of pregnancy and childbirth and to damages for extra medical expenses, clothing, and loss of earnings associated therewith. House of Lords refused to allow the parents’ claim for the costs of raising the child

• Lord Slynn of Hadley : Appeal allowed for pregnancy costs but dismissed for child maintenance. It is not just, fair, or reasonable to allow claims for child-rearing costs due to a wrongful conception. The costs related to the pregnancy can be claimed as they are more directly connected to the negligent act. 

• Lord Steyn : The claim for distress related to pregnancy is valid, but claims for child-rearing costs are denied based on distributive justice rather than policy.