Sale of Sperm, Health Records, Minimally Conscious States, and Duties of Candour
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Contracts for the Sale of Sperm and the Assessment of Damages for Breach: St George Fertility Centre Pty Ltd v Clark  NSWSC 1276
In previous columns we have discussed the introduction of property rights in disputes over human tissue (Madden and Cockburn 2011; Stewart 2009). One of the major issues that arises from the recognition of property rights relates to how the law should respond to contracts concerning the sale of human tissue. This was recently discussed in St George Fertility Centre Pty Ltd v Clark  NSWSC 1276, where the court adopted a classic approach of sale of goods.
The case was concerned with the purchase of frozen sperm by Dr. Clark from the St. George Fertility Clinic (St. George) for use in her own fertility practice, known as Fertility First. The Supreme Court had found, amongst other things, that the contract had been breached because St. George Fertility Clinic had failed to identify donors of sperm in compliance with the Australian Code of Practice for A ...
- Andrews, K., L. Murphy, R. Munday, and C. Littlewood. 1996. Misdiagnosis of the vegetative state: Retrospective study in a rehabilitation unit. British Medical Journal 313(7048): 13–16. CrossRef
- Australian Commission on Safety and Quality in Health Care. 2008. Open disclosure standard: A national standard for open communication in public and private hospitals, following an adverse event in health care. http://www.health.qld.gov.au/psq/od/docs/odst.pdf. Accessed November 30, 2011.
- Australian Institute of Health and Welfare. 2011. Public and private sector medical indemnity claims in Australia 2007–08. Safety and quality of health care no. 7. Cat. no. HSE 90. Canberra: AIHW. http://www.aihw.gov.au/publication-detail/?id=10737418323. Accessed November 30, 2011.
- BBC. 2011. Death plea case rejected by judge. September 28. http://www.bbc.co.uk/news/health-15082763. Accessed October 6, 2011.
- Christiaans-Dingelhoff, I., M. Smits, L. Zwaan, S. Lubberding, G. van der Wal, and C. Wagner. 2011. To what extent are adverse events found in patient records reported by patients and healthcare professionals via complaints, claims and incident reports? BMC Health Services Research 11: 49. doi:10.1186/1472-6963-11-49. CrossRef
- Department of Health. 2010a. The NHS Constitution. http://www.dh.gov.uk/dr_consum_dh/groups/dh_digitalassets/@dh/@en/@ps/documents/digitalasset/dh_113645.pdf. Accessed November 30, 2011.
- Department of Health. 2010b. Equality analysis: Implementing a ‘duty of candour’; a new contractual requirement on providers. London: DH Patient Safety Team. http://www.dh.gov.uk/dr_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_130442.pdf.. Accessed November 30, 2011.
- Department of Health. 2011a. Implementing a ‘duty of candour’; a new contractual requirement on providers. Proposals for consultation. London: DH Patient Safety Team. http://www.dh.gov.uk/dr_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_130443.pdf. Accessed November 30, 2011.
- Department of Health. 2011b. Government response to the NHS Future Forum report. Norwich: The Stationery Office. http://www.dh.gov.uk/dr_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_127719.pdf. Accessed November 30, 2011.
- Fagerlin, A., and C.E. Schneider. 2004. Enough: The failure of the living will. The Hastings Center Report 34(2): 30–42. CrossRef
- Fuller, L.L. 1969. The morality of law. Revised edition. New Haven: Yale University Press.
- Gallagher, T., A. Wayerman, J. Garbutt, et al. 2006. US and Canadian physicians attitudes and experiences regarding disclosing errors to patients. Archives of Internal Medicine 166(15): 1605–1611. CrossRef
- General Medical Council. 2009. Good medical practice. http://www.gmc-uk.org/static/documents/content/GMP_0910.pdf. Accessed November 30, 2011.
- Giacino, J.T., S. Ashwal, N. Childs, et al. 2002. The minimally conscious state: Definition and diagnostic criteria. Neurology 58(3): 349–353.
- Huxtable, R. 2007. Euthanasia, ethics and law: From conflict to compromise. London: Routledge-Cavendish.
- Madden, B., and T. Cockburn. 2011. Property rights in and entitlement to possession of sperm following death. Journal of Bioethical Inquiry 8(4): 324–327.
- Medical Board of Australia. 2009. Good medical practice: A code of conduct for doctors in Australia. http://www.medicalboard.gov.au/documents/default.aspx?record=WD10%2F1277&dbid=AP&chksum=eNjZ0Z%2FajN7oxjvHXDRQnQ%3D%3D. Accessed November 30, 2011.
- New South Wales Health Care Complaints Commission. 2011. Annual report 2010–11. Sydney: Health Care Complaints Commission. http://www.hccc.nsw.gov.au/Publications/Annual-Reports/default.aspx. Accessed November 30, 2011.
- O’Connor, E., H.M. Coates, I.E. Yardley, and A.W. Wu. 2010. Disclosure of patient safety incidents: A comprehensive review. International Journal for Quality in Health Care 22(5): 371–379. CrossRef
- Stewart, C. 2009. Court of appeal recognizes property rights in human tissue. Journal of Bioethical Inquiry 6(2): 157–158. CrossRef
- Studdert, D.M., D. Piper, and R. Iedema. 2010. Legal aspects of open disclosure II: Attitudes of health professionals—finding from a national survey. Medical Journal of Australia 193(6): 351–355.
- Sale of Sperm, Health Records, Minimally Conscious States, and Duties of Candour
Journal of Bioethical Inquiry
Volume 9, Issue 1 , pp 7-14
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Author Affiliations
- 1. Centre for Health Governance, Law and Ethics, Sydney Law School, University of Sydney, Sydney, NSW, Australia, 2006
- 2. Law School, University of Adelaide, Adelaide, SA, Australia, 5005
- 3. Centre for Ethics in Medicine, University of Bristol, Bristol, BS8 1TH, UK
- 4. School of Law, University of Western Sydney, Sydney, NSW, Australia
- 5. School of Law, Queensland University of Technology, Brisbane, QLD, Australia