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Women who become infertile through hospital negligence can seek surrogacy abroad, court rules

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Women whose fertility is destroyed by clinical negligence will have greater rights to damages covering the costs of surrogacy, after a landmark ruling by the Court of Appeal.1 Three judges… Click to show full abstract

Women whose fertility is destroyed by clinical negligence will have greater rights to damages covering the costs of surrogacy, after a landmark ruling by the Court of Appeal.1 Three judges have ruled that a High Court judge was wrong to hold that a trust which admitted negligently leaving a childless woman infertile need pay for surrogacy only in the UK and not abroad, with the woman’s own eggs and not those of a donor. The unnamed woman, now 35, was diagnosed with invasive cervical cancer at the age of 29. Whittington Hospital NHS Trust in London had failed to detect cancer despite smear tests in 2008 …

Keywords: court; women become; surrogacy abroad; become infertile; negligence; surrogacy

Journal Title: British Medical Journal
Year Published: 2018

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