Cardiff University | Prifysgol Caerdydd ORCA
Online Research @ Cardiff 
WelshClear Cookie - decide language by browser settings

Managing novel reproductive injuries in the Law of Tort: the curious case of destroyed sperm

Priaulx, Nicolette Michelle 2010. Managing novel reproductive injuries in the Law of Tort: the curious case of destroyed sperm. European Journal of Health Law 17 (1) , pp. 81-95. 10.1163/157180909X12604572349728

Full text not available from this repository.

Abstract

In view of developments in reproductive medicine, clinical mishaps in this domain are beginning to give rise to 'injuries' not easily accommodated within the English law of negligence. While 'personal injury' is typically understood as manifesting a deleterious 'physical' dimension, cases involving the negligent destruction of cryopreserved sperm, as recently litigated in Yearworth & Ors v Bristol NNN Trust (2009), and other media reported mishaps in fertility treatment do not straightforwardly possess this quality. Without modification, the traditional tortious conception of 'personal injury' in English law will not be able to address novel claims. Critically, however, nor do alternative modes of redress seem to offer ease of application. Focusing upon the controversial Yearworth case and exploring what is seen as an unpromising framing of loss, the note argues that there is now an urgent need to rethink what counts as 'personal injury'. Arguing for the formal recognition of'reproductive injury' as an independent head of damage in negligence, and illustrating the presence of judicial support for that approach, the comment suggests that in light of the difficult challenges that lie in the wake of Yearworth, such a development may be not only desirable but necessary.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
R Medicine > R Medicine (General)
Uncontrolled Keywords: Family planning ; Property ; Negligence ; Sperm ; Yearworth ; Personal injury
Publisher: Brill Academic Publishers
ISSN: 0929-0273
Last Modified: 04 Jun 2017 03:21
URI: http://orca-mwe.cf.ac.uk/id/eprint/20059

Citation Data

Cited 1 time in Google Scholar. View in Google Scholar

Cited 3 times in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item Edit Item