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Published in: Journal of Bioethical Inquiry 2/2021

01-07-2021 | Recent Developments

Lee (a Pseudonym) v Dhupar [2020] NSWDC 717

Failed Sterilization: Should a Healthy Child be Considered a “Compensable Injury”?

Authors: Lily Porceddu, Neera Bhatia

Published in: Journal of Bioethical Inquiry | Issue 2/2021

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Excerpt

In a ruling in New South Wales (Lee (a pseudonym) v Dhupar [2020] NSWDC 717), the District Court determined that the cost of rearing a child following a failed sterilization procedure (tubal ligation) caused by the negligence of the medical practitioner cannot be recovered. However, other losses such as economic loss associated with psychiatric or physical injuries due the conception, pregnancy, and birth of a healthy child can be recovered. The court awarded the plaintiff $408,700 (AUD) following a surgical error made during a tubal ligation which resulted in an unplanned pregnancy. …
Metadata
Title
Lee (a Pseudonym) v Dhupar [2020] NSWDC 717
Failed Sterilization: Should a Healthy Child be Considered a “Compensable Injury”?
Authors
Lily Porceddu
Neera Bhatia
Publication date
01-07-2021
Publisher
Springer Singapore
Published in
Journal of Bioethical Inquiry / Issue 2/2021
Print ISSN: 1176-7529
Electronic ISSN: 1872-4353
DOI
https://doi.org/10.1007/s11673-021-10105-3

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