Rees v Darlington Memorial Hospital NHS Trust [2004] 1 A.C. 309

Miss Rees was visually impaired and underwent sterilisation in order to avoid the risk of giving birth to a child she could not hope to look after adequately with such degenerating sight. The operation was performed negligently and Miss Rees claimed damages in order to aid her with raising the resultant child. The appeal ([2003] Q.B. 20) was allowed on the grounds that there were extra costs in a disabled parent raising a healthy child, as well as extra costs of raising a disabled child born out of a negligently performed sterilisation. P v St James & Seacroft University Hospital NHS Trust [2001] was applied. However in this 2004 decision, the HL reversed the earlier decision and it was held that she could not recover as damages those costs which are attributable to her disability.

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