Reference no: EM133479107

The Diamonds have two teenage daughters. Last July they decided that given their financial resources they could not afford to have any more children and that their family is "complete". After some deliberations, the Diamonds decided that Elizabeth Diamond would undergo sterilisation.

In August, Elizabeth was referred to Dr Gentle (gynaecologist) who performed a tubal ligation on her. Before the operation the Diamonds were invited to a pre-operation consultation in which Dr Gentle explained the procedure. She indicated that even though it was invasive, it was relatively safe and a secure form of birth control and fairly common. At the pre-operation consultation, Elizabeth, who is 42, also indicated that quite apart from the financial considerations she was anxious not to have another child because she has heard that once a women passes the age of 35 there is an increased possibility of birth complications and a high probability that her child could have Down Syndrome. Elizabeth is also aware that the sperm of older men can similarly cause birth defects although such information is rarely discussed in the media or indeed clinical settings. Bruce Diamond is 51. Dr Gentle explained that while it is indeed true that a woman's age is a crucial factor in childbirth management, Mrs Diamond did not need to worry because tubal ligation is an effective system of preventing childbirth. She looks puzzled at the mention of aging sperm.

In November, Mrs Diamond discovered that she is pregnant in spite of the tubal ligation. Dr Gentle has since explained to the Diamonds that even though re canalisation (the re-joining of the tube) can occur in tubal ligation, this is rather very rare and so she did not mention this possibility to the Diamonds at the pre-operation consultation.

The Diamonds do not feel abortion care or adoption are options.

After the 12-week ultrasound, the Diamonds discovered that their new child will have Down Syndrome. They are offered a termination of pregnancy which they refuse.

1. Advise the Diamonds.

2. Assume the new child survives. Can the child sue Dr Gentle too? Why or why not?