McLelland (AP) & Anor v Greater Glasgow Health Board [1998] ScotCS 12 (23 September 1998)

McLelland (AP) & Anor v Greater Glasgow Health Board [1998] ScotCS 12 (23 September 1998)

Damages are recoverable for the birth and maintenance of a handicapped child due to medical negligence, including solatium for emotional distress and increased burden of care, basic maintenance costs up to age 18, and extra maintenance and care costs thereafter, subject to reasonable foreseeability and quantification. The pursuers are entitled to compensation for all heads of loss claimed, except basic maintenance after age 18, which is precluded by likely state provision.

Citation
[1998] ScotCS 12
Parties
Pursuer: Margaret Anne McLelland; Pursuer: Another (father of Gary McLelland); Defender: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
23 September 1998
Procedural Posture
Civil Action for Damages / Judgment After Proof
Outcome
damages awarded to pursuers
Legal Topics
Wrongful Birth, Solatium, Maintenance Costs, Care Costs, Emotional Distress, Quantification of Damages
Medical Negligence Tort Damages Wrongful Birth Solatium Maintenance Costs Care Costs Emotional Distress +1 more

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Parties

Margaret Anne McLelland

Pursuer

Another (father of Gary McLelland)

Pursuer

Greater Glasgow Health Board

Defender

Procedural Posture

Civil Action for Damages / Judgment After Proof

Legal Issues

  1. 1 Are damages recoverable for the birth of a handicapped child due to medical negligence?
  2. 2 Is solatium recoverable for emotional distress and increased burden of care?
  3. 3 Are basic maintenance costs for the child recoverable?

Ratio Decidendi

Damages are recoverable for the birth and maintenance of a handicapped child due to medical negligence, including solatium for emotional distress and increased burden of care, basic maintenance costs up to age 18, and extra maintenance and care costs thereafter, subject to reasonable foreseeability and quantification. The pursuers are entitled to compensation for all heads of loss claimed, except basic maintenance after age 18, which is precluded by likely state provision.

Court Disposition

damages awarded to pursuers

Orders

  • First pursuer awarded £15,000 solatium
  • Second pursuer awarded £5,000 solatium