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3 Health L.J. 187 (1995)
Legal Norms Relevant to the Practice of Human Genetics: A Background Paper

handle is hein.journals/hthlj3 and id is 195 raw text is: Legal Norms Relevant to the Practice of Human Genetics: A Background Paper Gerald Robertson* Jennifer Miller- Tracey Howell- Steven Penney-. I. Introduction The purpose of this paper is to discuss the legal principles which are of particular significance to the practice of human genetics. By doing so it will set the legal context in which the issues surrounding human genetics will arise. The first part of the paper provides a general overview of the main substantive principles which regulate medical malpractice liability, including a discussion of trends in the frequency and severity of malpractice claims in Canada. The second part examines tort liability and the fetus, including such issues as liability for prenatal injuries, and potential liability of parents for injury caused to the fetus. The third part of the paper discusses the legal status of the fetus, especially from the standpoint of public (constitutional) law. All of these issues are particularly relevant to the practice of human genetics, and create the legal background which may be used for a more detailed consideration of professional ethics and norms in this field. LL.B., LL.M., Professor of Law and Chair, Health Law Institute, University of Alberta, Edmonton, Alberta. LL.B., Lawyer, Bennett Jones Verchere, Barristers and Solicitors, Edmonton, Alberta. .. LL.B., Lawyer, Bennett Jones Verchere, Barristers and Solicitors, Edmonton, Alberta. .... Research Assistant, LL.B., LL.M. candidate, Harvard Law School We would like to thank Silvia Yee for her assistance throughout this project, and Professor Bernard Dickens for his helpful comments on an earlier draft.

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