In the case of Yearworth and Others v North Bristol NHS Trust [2009] EWCA Civ 37 the Court of Appeal ruled that male cancer patients could claim compensation against the hospital trust who had allowed their frozen semen samples to thaw through the hospital's failings.
Chemotherapy had damaged the men's fertility. Unfortunately the hospital had accidentally thawed the samples in 2003.
The men are allowed to claim damages for psychiatric injury and/or mental distress in bailment.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
Thursday, 2 April 2009
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