Autonomy, Affinity and the Assessment of Damages: ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028

Purshouse, C ORCID: 0000-0002-0432-119X (2017) Autonomy, Affinity and the Assessment of Damages: ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028. Medical Law Review, 26 (4). pp. 675-692.

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Abstract

In ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028, the idea that 'lost autonomy' should be recognised as a new form of actionable damage in the tort of negligence was rejected in Singapore and England, respectively. This, it will be argued, was the correct outcome. Protecting an interest in autonomy via the tort of negligence would undermine the coherence of that tort. In ACB, however, a new, different, form of damage was recognised: loss of 'genetic affinity'. This commentary will discuss some problems that protecting an interest in 'genetic affinity' raises before critiquing the approach to assessing damages in ACB.

Item Type:	Article
Uncontrolled Keywords:	Humans, Fertilization in Vitro, Personal Autonomy, Malpractice, Medical Errors, Singapore, United Kingdom
Depositing User:	Symplectic Admin
Date Deposited:	10 Apr 2018 08:54
Last Modified:	18 Mar 2024 03:44
DOI:	10.1093/medlaw/fwx056
Related URLs:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3015883