Medical genetics : a legal frontier / by Lori B. Andrews.
- Andrews, Lori B., 1952-
- Date:
- 1987
Licence: Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)
Credit: Medical genetics : a legal frontier / by Lori B. Andrews. Source: Wellcome Collection.
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![2 immutable. Thus, if revealed to third parties, a genetic problem could serve to stigmatize the individual throughout his or her life. Since certain genetic traits are more common among individuals of a particular racial or ethnic group, genetic characteristics might be used as a rationale for continued discrimination against disfavored groups.® The Jewish minority has suffered social injustice and now, if somebody starts studying carriers [of Tay Sachs], certain groups in this country may use this information to further stigmatize the Jewish population, said Robert Murray, Jr. of the Howard University College of Medicine. We are in a position to undo previous social injustice but we are also in a position to add to social injustice if we aren't careful.^ New diagnostic techniques are becoming available which identify people who will suffer from a late-onset disorder or who have predispositions toward certain genetic disorders. This raises questions about how people will handle this sensitive information, which differs greatly from a diagnosis of a disorder once symptoms have occurred.^^ It also raises questions about what sorts of motivators could or should be used to encourage the person to avoid the environmental triggers that would lead to genetic disease. Medical genetics is also unique because of its inextricable link to reproductive decisions. Genetic information about an individual provides the basis for predicting the risk of genetic disease for any potential children of that individual. Research, diagnosis, and treatment in medical genetics thus raise complicated questions about moral and legal responsibilities that go beyond the scope of a traditional doctor-patient relationship. For example, what responsibilities does a medical geneticist have to an unconceived or unborn child? When a medical geneticist or other individual (such as an employer) discovers genetic information about an individual, how extensive are his or her responsibilities to disclose that information to the individual? What responsibilities does a person with a genetic propensity to a certain disease have to his or her family or to society to attempt to avert the onset of the genetic disease? What responsibilities does a medical geneticist have to the relatives of a patient if they are likely to be at risk of genetic disease? A preliminary attempt to answer such questions can be made by analyzing state statutes and case law. However, an adequate understanding of these issues requires an awareness of the evolving nature of notions of legal responsibility. THE EVOLUTION OF LEGAL RESPONSIBILITY Traditionally, under common law, a person had no duty to strangers. If you passed a drowning man, you could walk by without thought. So long as you had not put that other person in danger, you had no duty to act There was no duty to rescue. However, tort law did require a duty to act if you were in a special relationship with the person in danger. And in instances in which an individual (such as a physician) did attempt to help a stranger in need, that person was obligated to do so with reasonable care and could be held liable for any negligence.^ ^ Gradually, the callousness of the common law has softened. There is still no general duty to benefit strangers, but there has been an expansion in what is con-](https://iiif.wellcomecollection.org/image/b18035942_0017.JP2/full/800%2C/0/default.jpg)
