Clinical Mishaps and Novel Injuries in Family Planning

See Mason K , Laurie G . Consent or property? Dealing with the body and its parts in the shadow of Bristol and Alder Hey. Modern Law Review 2001;64:710–729

See Widows H . Towards Commodification? A Response to the Court of Appeal Judgment on compensation for lost sperm. Bionews, Issue 457, 2 March 2009. See http://www.bionews.org.uk/page_38056.asp (last checked 26 August 2009)

See for example, Savill R . IVF baby given to wrong woman was an “accident waiting to happen”. The Telegraph, 15 June 2009; Templeton SK. Hospital used wrong sperm to fertilise eggs. The Sunday Times, 26 April 2009

Many would draw clear distinctions between gametes and embryos in this context; see for example, Resnik DB . The Commodification of human reproductive materials. Journal of Medical Ethics 1998;24:388–393

See further, Nolan D . New forms of damage. Modern Law Review 2007;70:59–71; Priaulx N . Damages for the “Unwanted Child”: time for a rethink? Medical Legal Journal 2005;73: 152–163

See in particular, Priaulx N . The Harm Paradox: Tort Law and the Unwanted Child in an Era of Choice. Abingdon: Routledge-Cavendish, 2007

George A . Is “Property” Necessary? On owning the human body and its parts. Res Publica 2004;10:15–42 , 17

Such a warning against adhockery in this sensitive area is also emphasised by various scholars; see McHale J . Waste, ownership and bodily products. Health Care Analysis 2000;8:123–135, 133

Though the present author has criticised this award in its specific application to wrongful conception suits (see Priaulx N . Damages for the “Unwanted” Child: time for a rethink? Medico-Legal Journal 2005;73:152–163), the interests that this award may be said to support and recognise as capable of setback is nevertheless regarded as holding significant promise for synthesising clinical negligence suits involving the family planning domain