Medical Malpractice Liability in the Era of Genetic Susceptibility Testing
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MEDICAL MALPRACTICE LIABILITY IN THE ERA OF
GENETIC SUSCEPTIBLITY TESTING
I. INTRODUCTION
Genetic technology, one of the great revolutions in modem
medicine, is progressing rapidly as a result of both private-sector
discoveries in molecular biology and the $3 billion federal Human
Genome Project.' Advances in genetic testing will permit people to
learn about their personal risks of developing specific diseases, of
bearing children affected with a certain genetic disorder, and of
predisposition to illnesses resulting from exposure to environmental
stimuli.2
Intertwined with the medical ramifications of such genetic
breakthroughs are a multitude of complex ethical, legal, and social
concerns.3 As the volume of genetic information continues to increase,
controversies regarding a healthcare professional's duty to convey
genetic information to his or her patients are certain to develop.
1. See Sing-Huen Morgan, Genetic Testing: Friend or Foe?, 1 INSIDE MED.
TECH. 6 (1998); see also COMMITIEE ON ASSESSING GENETIC RISKS, INSTITUTE OF MED.,
ASSESSING GENETIC RISKS: IMPLICATIONS FOR HEALTH AND SOCIAL POLICY (Lori B.
Andrews et al. eds., 1994) [hereinafter ASSESSING GENETIC RISKS].
2. See, e.g., Corine Boehm, Prenatal Diagnosis and Carrier Detection by DNA
Analysis, 7 PROGRESS IN MED. GENETICS 143 (1988); Gail Geller et al., Genetic Testing
for Susceptibility to Adult-Onset Cancer: The Process and Content of Informed Consent,
277 JAMA 1467 (1997); James F. Gusella et al., Molecular Genetics of Huntington's
Disease, 50 ARCHIVES NEUROLOGY 1157 (1993); see also VICTOR A. McKuSICK,
MENDELIAN INHERITANCE IN MAN (7th ed. 1986).
3. See ASSESSING GENETIC RISKS, supra note 1, at 2; Human Genome Project,
Human Genome Project Information (visited May 17, 2000) < http://www.oml.gov/
hgmis/resource/elsi.html> [hereinafter Human Genome Project Information].
4. See generally Lori B. Andrews, Torts and the Double Helix: Malpractice
Liability for Failure to Warn of Genetic Risks, 29 Hous. L. REv. 149 (1992).](ViewImageLocal?handle=hein.journals/qlr19&div=26&collection=&method=preview&ext=.png&size=3)
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Medical Malpractice Liability in the Era of Genetic Susceptibility Testing
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