Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

News and Views Managing Novel Reproductive Injuries in the Law of Tort: The Curious Case of Destroyed Sperm

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites

image of European Journal of Health Law

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 NHS 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.

Affiliations: 1: Senior Lecturer at Law Director of the Centre for Law, Ethics and Society, Cardiff Law School, Cardiff University UK

Loading

Full text loading...

/content/journals/10.1163/157180909x12604572349728
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157180909x12604572349728
Loading

Article metrics loading...

/content/journals/10.1163/157180909x12604572349728
2010-02-01
2016-08-31

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation