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Clinical mishaps and novel injuries in family planning

Priaulx, Nicolette Michelle 2010. Clinical mishaps and novel injuries in family planning. Medico-Legal Journal 78 (1) , pp. 21-26. 10.1258/mlj.2009.009003

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Abstract

What counts as a “personal injury”? Such a question looms large following the decision in Yearworth & Ors v Bristol NHS Trust1 in which the Court of Appeal determined that the destruction of stored cryopreserved sperm samples did not constitute a personal injury to male cancer survivors. Rather, the loss in the circumstances of the case was framed as one under which the men could be seen as having “owned” their sperm. While media attention has focused on this latter aspect of the case, this note considers the questions Yearworth raises as to the meaning of “personal injury” and argues that the courts need to radically rethink their approach to reproductive harms arising out of mishaps in family planning.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
R Medicine > RG Gynecology and obstetrics
Publisher: The Royal Society of Medicine Press Ltd
ISSN: 0025-8172
Last Modified: 04 Jun 2017 03:21
URI: http://orca.cf.ac.uk/id/eprint/20056

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