Failed Tubal Ligation - Medical Negligence Matters - Mrs Brooks Case Study - Law Assignment Help

Assignment Task:

The purpose of this report is to investigate whether the client has a right to claim recompencense for medical negligence due to a failed tubal ligation which resulted in her conceiving twins. I conducted a search for both primary and secondary sources to identify whether the client has a right to compensation. The findings indicate that a confirmation of birth date is required to determine whether compensation can be made. It is recommended that a proof of birth date be confirmed before any compensation be sought.

Introduction

Mrs. Brooks is a new client who after a failed tubal ligation has approached the firm to seek financial recompenses due to it being proven to being medical negligence.

The issues that may arise are whether the events happened prior to the introduction of the civil liability act (2002) nsw.

BODY OF REPORT

Focusing on two primary sources and one secondary source that are relevant because of the outline of the right of financial claim.

The Civil Liability Act 2002 (NSW), s71 clearly states that there are limitations to the awarding of damages for the birth of a child. 

In any proceedings that involve a claim of birth of a child, the court cannot award damages of economical loss for the cost of child rearing or any loss of earning that the claimants makes.

Cattanach v Melchior [2003] HCA 38; 215 CLR 1 was a notable case as the High Court of Australia’s decision was that a negligent doctor could be held responsible for the costs of raising and maintaining the health of the child.

My secondary source would be Wrongful Conception, Wrongful Birth and Wrongful Life. Todd, Stephen [2005] SydLawRw 25; (2005) 27(3) Sydney Law Review 525.

In this Stephen raises the question whether a medical professional under any legal duty to take care when treating patients.

CONCLUSION

 believe that Mrs. Brooks has a right to claim for financial recompense due to the fact that the pregnancy was a result of the doctor performing a tubal ligation that ultimately failed.

This Law Assignment has been solved by our Law Experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.