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Cattanach v Melchior
''Cattanach v Melchior'' () HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. It was held by a majority of the High Court (Gleeson CJ, Hayne and Heydon JJ dissenting) that the negligent doctor could be held responsible for the costs of raising and maintaining a healthy child.
== Facts ==
Mrs Kerry Anne Melchior had seen the obstetrician and gynaecologist Stephen Alfred Cattanach, and asked for a tubal ligation procedure to be performed on her, citing financial inability to support a third child. She recalled having one ovary removed when she was fifteen years of age and that her fallopian tube had at that time also been removed. While performing the operation Dr Cattanach could see no evidence of a second fallopian tube and so assumed that Mrs Melchior's recollection was accurate.
Some time after the operation Mrs Melchior became pregnant by her husband, Craig Melchior and gave birth to the healthy baby Jordan. Kerry Anne and Craig Melchior brought actions against, ''inter alia'', Dr Cattanach for negligence. Mrs Melchior applied for damages for loss and damage caused by pregnancy and birth, Mr Melchior applied for damages for loss of consortium and they jointly applied for damages for the cost of raising and maintaining the child to majority.
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