Well, it comes off as weird because NYP left out the context of why this was done this way. That this was a medical negligence case started by the parents years ago.
They sued the doctor, saying if you had given me correct advice, I would have delayed my pregnancy and had a healthier and cheaper baby. That we had a special relationship in which you knew I was heavily reliant on your advice, you then gave poor advice, against a legal standard, I relied upon it to my detriment and harm occurred, which is measurable and you are therefore liable for.
Which wouldn't be that weird.That doesn't mean you don't love your child, it's satisfying an element of the claim so you can be awarded damages.
The daughter then continued on the parents claim when she became of age, as she would now bear the costs. Not so much a whinging teenager crying about how 'I should never have been born'.
Whether they started it in their names or on her behalf would be just an issue of legal standing to allow for them/her the right to sue, a technical thing. The issue of standing frames the rest of the arguments.
The real takeaway, rather than their weird reductionist headline:
The ground-breaking ruling means that a healthcare professional can now be found liable for negligent pre-conception advice which results in the birth of a child with a serious health condition. Tim Spring, solicitor and clinical negligence specialist at Moore Barlow, said: “This was an unusual and challenging case requiring the law to be clarified. My client has the condition she has due to the result of poor advice. It is of utmost importance that medical professionals follow best practice when giving patients advice, and only depart from established clinical guidelines when there are good and specific reasons to do so, which they discuss with their patients.
Evie Toombes wins landmark lawsuit - Moore Barlow LLP