THE RIGHTS OF THEEMBRYO AND THE FOETUS UNDER DUTCHLAW care Apart from expenses for raising the child, the Dutch court also acknowled ged the possibility of compensation for loss of income for the mother: 3.13() To answer the question of whether the plaintiff is entitled to compensation for loss of income suffered as the consequence ofher pregnangy and the child's birth. it must be determined whether her decision not to work temporarily can be deemed reasonable under the circumstances. In view ofthis one must attach weight, on the one hand, to the liberty of the plaintiff to organize her life, in the interests of the child, as she pleases, and keep in mind, on the other hand, that she must limit the damage she sufers as far as possible, and as much as can be reasonably expected(). In the assessment of whether the plaintiff's aforementioned decision is reasonable, specific family conditions may play a role, such as the mumber and age of other children, the employment position of the husband and the financial means of the family In line with the general rules on compensation, no non-materal damages were awarded. however: 3. 14 With respect to the circumstances invoked in the plaintif's claim for compensation of non-material harm, the court of appeal has judged that although it is not to be excluded that those circumstances may have resulted in a degree of psychological discomfort, they have not resulted in mental harm upon which a succesful claim for compensation of non-material damage coul be based. This judgment, involving a factual assessment does not imply Is If IncO be further substantiated. This claim is therefo ore anyou This restriction has been criticised by Dutch authors, who com pare the rejection with its acceptance in the Scottish case McFarlane v Tayside Health Board. 58 This case has had some influence in other European jurisdictions, among others owing to the fact that it has been translated into other languages. The fact that it is one f very few Dutch cases dealt with in the first volume of Van Gerven s lus commune casebooks for the common law of Europe, may have contributed to its influence an Norwegian and Scottish bw. 60 The Dutch decision has in its reasoning-not in the Non-pecuniary harm as a general remedy s availableonly in a limited number of legalsystems H. StolL Chapter 8, Conseq uences of liability: remedies, in: A. Tunc(Ed ) Intermational encyclopaediaof comparative law, Torts, vol. 2, Tubingen: Mohr/Dordrecht: Nihoff, 1986, Nr. 1 W.H. van Boom, CEC. Jansen, McFarlane v. Tayside Health Board: aansprake ljkhed van artsen voor'wrongful conception, NTBR2000, P 276-288 Walter van Gerven, Jeremy Lever, Perre Larouche, Tort Law, Oxford: Hart 2000, p. 133 (Also to be found in the preced ing volume, Tort Law/Scope of Protection. Oxford: hart 1998, p McFarlane v Tayside Health Board(1999)4 AER 963. Here, comparative law also plays a role, although the House of Lords in theend opts against the German-Dutch approach.THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCH LAW 13 care. Apart from expenses for raising the child, the Dutch court also acknowledged the possibility of compensation for loss of income for the mother: 3.13 (...) To answer the question of whether the plaintiff is entitled to compensation for loss of income suffered as the consequence of her pregnancy and the child's birth, it must be determined whether her decision not to work temporarily can be deemed reasonable under the circumstances. In view of this, one must attach weight, on the one hand, to the liberty of the plaintiff to organize her life, in the interests of the child, as she pleases, and keep in mind, on the other hand, that she must limit the damage she suffers as far as possible, and as much as can be reasonably expected (...). In the assessment of whether the plaintiff's aforementioned decision is reasonable, specific family conditions may play a role, such as the number and age of other children, the employment position of the husband and the financial means of the family. In line with the general rules on compensation,57 no non-material damages were awarded, however: 3.14 With respect to the circumstances invoked in the plaintiff's claim for compensation of non-material harm, the court of appeal has judged that, although it is not to be excluded that those circumstances may have resulted in a degree of psychological discomfort, they have not resulted in mental harm upon which a succesful claim for compensation of non-material damage could be based. This judgment, involving a factual assessment does not imply an incorrect legal assessment, nor is it incomprehenisble or need to be further substantiated. This claim is therefore unfounded. This restriction has been criticised by Dutch authors, who compare the rejection with its acceptance in the Scottish case McFarlane v. Tayside Health Board.58 This case has had some influence in other European jurisdictions, among others owing to the fact that it has been translated into other languages. The fact that it is one of very few Dutch cases dealt with in the first volume of Van Gerven's Ius commune casebooks for the common law of Europe,59 may have contributed to its influence on Norwegian and Scottish law.60 The Dutch decision has in its reasoning - not in the 57. Non-pecuniary harm as a general remedy is available only in a limited number of legal systems - H. Stoll, Chapter 8, Consequences of liability: remedies, in: A. Tunc (Ed.), International encyclopaedia of comparative law, Torts, vol. 2, Tübingen: Mohr/Dordrecht: Nijhoff, 1986, Nr. 17. 58. W.H. van Boom, C.E.C. Jansen, McFarlane v. Tayside Health Board: aansprakelijkheid van artsen voor 'wrongful conception', NTBR2000, p. 276-288. 59. Walter van Gerven, Jeremy Lever, Pierre Larouche, Tort Law, Oxford: Hart, 2000, p. 133 (Also to be found in the preceding volume, Tort Law/Scope of Protection. Oxford: hart, 1998, p. 161). 60. McFarlane v Tayside Health Board (1999) 4 All ER 963. Here, comparative law also plays a role, although the House of Lords in the end opts against the German-Dutch approach