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Scots Law Tales$
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John Grant and Elaine E. Sutherland

Print publication date: 2010

Print ISBN-13: 9781845860677

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845860677.001.0001

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Bringing Up Catherine

Bringing Up Catherine

McFarlane v Tayside Health Board1

(p.65) Chapter 4 Bringing Up Catherine
Scots Law Tales

Kenneth McK Norrie

Edinburgh University Press

This chapter examines the civil reparation lawsuit filed by Scottish spouses George McFarlane and Laura Helen McFarlane against the Tayside Health Board. The McFarlanes alleged that Mr Irving, a Health Board surgeon, performed a botched vasectomy on George McFarlane that led to the unplanned pregnancy of Laura McFarlane. The claim was brought before the Court of Session and the House of Lords; both of the judicial bodies gave an almost similar majority judgment and subsequently dismissed the case. According to the judicial bodies, the law has viewed the birth of a normal healthy baby as a blessing rather than a detriment; thus, for this particular case, there was no loss at all.

Keywords:   George McFarlane, Laura McFarlane, Tayside Health Board, vasectomy, unplanned pregnancy, Court of Session, House of Lords

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