A new book by Kent medical law expert Dr Karen Devine explores the law, ethics and controversies surrounding the collection, banking and ownership of umbilical cord blood (UCB).
The Umbilical Cord Blood Controversies in Medical Law (published by Routledge as part of the Biomedical Law & Ethics Library series) explores the controversies arising from the ability to use UCB as a biological, curative resource and considers the social, legal and ethical implications involved in stem cell use as a therapeutic treatment option.
In her book, Dr Devine traces the origins of UCB stem cell use and focuses on the scientific, practical and legal risks associated with UCB collection. She goes on to explore the rise of the cord blood industry and the different types of banking systems before examining the impact of recent regulation at a national level. Dr Devine also analyses the law of negligence in greater detail and considers how this tort could be applied to the UCB collection process. She traces the law of informed consent in the UK and explores, via relevant case law, the standards of care in negligence, including the law on risk disclosure. In the final chapter of her book, Dr Devine explores whether UCB is capable of being owned, and if so, by whom.
Explaining the premise of her book in the introduction, Dr Devine says: ‘Thankfully, there have been no reported cases of personal harms or inter-familial disputes arising from cord blood anywhere in the world, yet. However, with the number of collections increasing it may only be a matter of time before we see a cord blood-related claim grace our courts.’
Dr Devine says that, in the absence of any legal precedent, her book provides an academic enquiry into how potential legal issues could be resolved should the need arise: ‘The book’s focus is on the law of tort as it applies in the UK and it provides a detailed doctrinal analysis of how this might play out in a claim involving cord blood.’
Dr Devine is a senior lecturer at Kent Law School teaching modules in medical law, ethics and obligations (contract and tort). Her research interests lie in the legal and ethical aspects of bio-banking, clinical negligence and the relationship between legal obligations, autonomy, choice and consent. She has published a number of articles in her specialist area of umbilical cord blood stem cell collection as well as broader socio-legal work.