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On 7 April 2017, Colm McGrath presented his paper 'Compensation and property in the body' at 'Who Owns Your Body?', a conference organised by the Centre for Medical Ethics and Law at the University of Hong Kong and co-sponsored by LML.
This paper considers the tension that has emerged between the compensatory regime captured in the Consumer Protection Act 1987 and the tort of negligence. Although the former is intended to be easier for an aggrieved claimant to satisfy in UK law, recent case law suggests that this is no longer the case where the claimant is a patient who has suffered loss as a result of transplant or transfusion in the course of medical treatment. This paper explores these emerging problems and questions whether a strict division between patients in these various contexts is sustainable.
More information about this conference can be found here.