High Court hears 'wrongful life' claim

Post Reply New Topic

The High Court is hearing a landmark case arising from a medical negligence claim brought by two children who were born severely disabled.

One of the so-called "wrongful life" claims has been brought by Sydney woman Alexia Harriton, now aged 24.

When Alexia Harriton was born, she was not expected to live beyond six months. She suffers multiple disabilities including deafness and blindness.

Ms Harriton is seeking compensation from her mother's doctor on the basis that duty of care was breached when there was a failure to diagnose rubella.

Counsel for Ms Harriton, Bret Walker, told the court her mother should have been counselled about the possible terrible consequences for his client.

He says if that had happened, her parents would have taken steps to ensure she was not born.

The case is one of two medical negligence claims being heard by the High Court.

Outside the court, mother Olga Harriton said she was seeking justice for her daughter.

"It's been a long time coming for us, we've been fighting for 10 years, 10 years to bring Alexia's plight to this level," she said.