Throwing the Baby out With the Bathwater: An Antipodean Perspective on Claims for Failed Sterilisation (Melchior v Cattanach)

Abstract

This text examines the MELCHIOR v CATTANACH case and looks at the question of whether or not a woman may receive damages if she gives birth after a failed sterilization. This text also highlights the fact that the approach adopted by the Australian court is in sharp distinction to that adopted in England and in a majority of the US states. This case comment reviews the recent Australian decision and questions whether the departure from established law is warranted.