Mitchell, C, Ploem, C, Chico, V, Ormondroyd, E, Hall, A, Wallace, S, Fay, M, Goodwin, D, Bell, J, Phillips, S, Taylor, JC, Hennekam, R and Kaye, J (2017) Exploring the potential duty of care in clinical genomics under UK law. Medical Law International, 17 (3). 158 - 182. ISSN 0968-5332

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Abstract

Genome-wide sequencing technologies are beginning to be used in projects that have both clinical diagnostic and research components. The clinical application of this technology, which generates a huge amount of information of varying diagnostic certainty, involves addressing a number of challenges to establish appropriate standards. In this article, we explore the way that UK law may respond to three of these key challenges and could establish new legal duties in relation to feedback of findings that are unrelated to the presenting condition (secondary, additional or incidental findings); duties towards genetic relatives as well as the patient and duties on the part of researchers and professionals who do not have direct contact with patients. When considering these issues, the courts will take account of European and international comparisons, developing guidance and relevant ethical, social and policy factors. The UK courts will also be strongly influenced by precedent set in case law.

Item Type: Article
Additional Information: This article is distributed under the terms of the Creative Commons Attribution 4.0 License (http://www.creativecommons.org/licenses/by/4.0/) which permits any use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access pages (https://us.sagepub.com/en-us/nam/open-access-at-sage).
Uncontrolled Keywords: clinical genomics; duty of care; duty to warn; research duties; secondary findings
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Related URLs:
Depositing User: Symplectic
Date Deposited: 16 Apr 2018 10:58
Last Modified: 26 Nov 2018 13:42
URI: http://eprints.keele.ac.uk/id/eprint/4761

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