Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX
Whittington Hospital NHS Trust v XX (XX) turned on whether the courts should fund the creation of children for a woman negligently denied the ability to do so herself by awarding her the cost of pursuing surrogacy via a commercial service in California. The key issues were whether these costs should...
| Main Author: | |
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| Format: | Journal article |
| Language: | English |
| Published: |
Wiley
2021
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| _version_ | 1797107367645544448 |
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| author | Goold, I |
| author_facet | Goold, I |
| author_sort | Goold, I |
| collection | OXFORD |
| description | Whittington Hospital NHS Trust v XX (XX) turned on whether the courts should fund the creation of children for a woman negligently denied the ability to do so herself by awarding her the cost of pursuing surrogacy via a commercial service in California. The key issues were whether these costs should include surrogacy using donor eggs, and whether it was right for the court to agree to fund actions which, if undertaken in England, would arguably be in violation of the Surrogacy Arrangements Act 1985. While the subject matter of the decision is narrow, the decision in XX has broader implications about the relevance of public policy to damages awards, both in clinical negligence itself and more generally. It also raises important questions about how the law does and should value lost reproductive capacity. |
| first_indexed | 2024-03-07T07:15:00Z |
| format | Journal article |
| id | oxford-uuid:3bbf3e2a-6588-4d16-b5f8-c48b3e2d29e2 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T07:15:00Z |
| publishDate | 2021 |
| publisher | Wiley |
| record_format | dspace |
| spelling | oxford-uuid:3bbf3e2a-6588-4d16-b5f8-c48b3e2d29e22022-08-08T11:36:44ZRecognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XXJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:3bbf3e2a-6588-4d16-b5f8-c48b3e2d29e2EnglishSymplectic ElementsWiley2021Goold, IWhittington Hospital NHS Trust v XX (XX) turned on whether the courts should fund the creation of children for a woman negligently denied the ability to do so herself by awarding her the cost of pursuing surrogacy via a commercial service in California. The key issues were whether these costs should include surrogacy using donor eggs, and whether it was right for the court to agree to fund actions which, if undertaken in England, would arguably be in violation of the Surrogacy Arrangements Act 1985. While the subject matter of the decision is narrow, the decision in XX has broader implications about the relevance of public policy to damages awards, both in clinical negligence itself and more generally. It also raises important questions about how the law does and should value lost reproductive capacity. |
| spellingShingle | Goold, I Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX |
| title | Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX |
| title_full | Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX |
| title_fullStr | Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX |
| title_full_unstemmed | Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX |
| title_short | Recognising what is lost in reproductive harms: Whittington Hospital NHS Trust v XX |
| title_sort | recognising what is lost in reproductive harms whittington hospital nhs trust v xx |
| work_keys_str_mv | AT gooldi recognisingwhatislostinreproductiveharmswhittingtonhospitalnhstrustvxx |