Genomic medicine and the "loss of chance" medical malpractice doctrine.

ABSTRACT: As genomic medicine expands, interest in how medical malpractice law will apply to such questions as whether and when to return new or updated genomic results has grown. Given that access to some genomic results (such as those pertaining to minors or those for which scientific interpretations are unsettled) is delayed for years, the "loss of chance" (LOC) doctrine is of particular potential relevance. Yet it has received relatively little attention among scholars of law and genomics. We performed legal research to determine the status of this malpractice doctrine across the United States and consider its potential applicability to genomic medicine. We further examined known genomic medicine malpractices to assess whether this doctrine had yet been invoked in that context. We identified a t

SUBMITTER: Wagner JK 

PROVIDER: S-EPMC8270012 | biostudies-literature | 2021 Jul

REPOSITORIES: biostudies-literature