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KembaraXtra-Case Law-Bagley v. North Herts HA (1986)
Core Principle:
While a stillborn child cannot be the subject of a negligence claim, the mother can sue for damages related to the negligence that led to the stillbirth.
Facts:
Negligence: The defendant (North Herts HA) failed to perform necessary blood tests and deliver the child via C-section in a timely manner.
Outcome: This negligence resulted in a stillborn child.
Plaintiff: The mother sued for damages.
Decision:
No Damages For:
Loss of the society of her stillborn son
Damages WERE Available For:
Loss of Satisfaction: The loss of satisfaction from a successful pregnancy outcome.
Physical & Familial Loss:
The physical loss of the child.
The loss of the ability to complete her family by having a second child.
Physical Illness: Physical illness suffered by the mother as a result of the stillbirth.
Core Principle:
While a stillborn child cannot be the subject of a negligence claim, the mother can sue for damages related to the negligence that led to the stillbirth.
Facts:
Negligence: The defendant (North Herts HA) failed to perform necessary blood tests and deliver the child via C-section in a timely manner.
Outcome: This negligence resulted in a stillborn child.
Plaintiff: The mother sued for damages.
Decision:
No Damages For:
Loss of the society of her stillborn son
Damages WERE Available For:
Loss of Satisfaction: The loss of satisfaction from a successful pregnancy outcome.
Physical & Familial Loss:
The physical loss of the child.
The loss of the ability to complete her family by having a second child.
Physical Illness: Physical illness suffered by the mother as a result of the stillbirth.
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