Genomic Negligence


Book Description

Advances in genetic technology will lead to novel legal challenges. This book identifies four potential genomic claims which may be articulated as novel negligence challenges. Each of these claims is considered from the perspective of the English courts’ approach to novel kinds of damage. It is argued that these novel genomic claims are unlikely to be favourably received given the current judicial attitude to new forms of damage. However, Victoria Chico argues that the genomic claims could be conceived of as harm because they concern interferences with autonomy. Each claim is considered from the perspective of a hypothetical English negligence system imbued with explicit recognition of the interest in autonomy. Chico examines how recognition of this new form of damage would lead to novel genomic negligence claims being treated in a way which they would not, if considered within traditional parameters of harm in negligence.




Genomic Negligence


Book Description

Advances in human genetics are set to revolutionise the way we think about our health. Within the context of such changing social circumstances, this book identifies novel grievances that might be generated by modern human genetic technologies and considers how the English tort regime might respond to these grievances.




Personalised Medicine, Individual Choice and the Common Good


Book Description

Asks whether personalised medicine is superior to 'one-size-fits-all' treatment. Does it elevate individual choice above the common good?




I Didn't Know, I Didn't Know


Book Description

It is startling to realize that the third most common cause of death in the United States is medical negligence, third only to heart disease and cancer. That translates to about 250,000 deaths per year! That is a catastrophe equivalent to 12 full jumbo jet crashes per week. Serious harm is estimated to be 10-to-20-fold more common than lethal harm due to medical negligence. Contrary to common expectations, it is good and usually competent doctors who make medical errors and contribute to most defendants in claims of medical malpractice. In this book, Dr. Milunsky describes the poignant stories, recounted in litigation, about the causes and consequences of medical errors, culled from his extensive experience in medicine and as an expert witness on both sides of the bar. His focus is on how and why error(s) occurred and what lessons about anticipation, avoidance, and prevention could be learned to assure patient safety. Given his expertise, many of the cases involve possible genetic issues, a matter of importance since only 29% of physicians reported training in genetics in a 2012 survey. In this context, given the great sadness and long-lasting grief following serious errors in pregnancy care, labor and delivery, those planning childbearing would be well advised to heed the lessons from the cases described. Dr. Milunsky examines the pathogenesis of error and the many anticipatory and remedial steps that can be taken to avoid catastrophes. His discussion incorporates the categories of negligent failures in all specialties and how, once recognized, they can be prevented rather than remedied after the fact. This book is for everyone who will become a patient (that is all of us). The aim is to provide knowledge and insight that enables proactive anticipatory and preventative actions. This book is especially important for physicians in all specialties, midwives, nurses and family doctors, those in public health, federal and state legislatures, professional and medical societies, professional colleges, deans of medical schools, safety organizations, and hospital CEOs. All are collectively responsible for not taking drastic action to halt the carnage in which 250,000 patients die each year in the U.S. This is a national crisis that requires everyone's attention. The cases described vividly illustrate the nature of medical error and what can be done to remedy this long-ongoing tragic problem




It Takes a Genome


Book Description

Human beings have astonishing genetic vulnerabilities. More than half of us will die from complex diseases that trace directly to those vulnerabilities, and the modern world we’ve created places us at unprecedented risk from them. In It Takes a Genome, Greg Gibson posits a revolutionary new hypothesis: Our genome is out of equilibrium, both with itself and its environment. Simply put, our genes aren’t coping well with modern culture. Our bodies were never designed to subsist on fat and sugary foods; our immune systems weren’t designed for today’s clean, bland environments; our minds weren’t designed to process hard-edged, artificial electronic inputs from dawn ‘til midnight. And that’s why so many of us suffer from chronic diseases that barely touched our ancestors. Gibson begins by revealing the stunningly complex ways in which multiple genes cooperate and interact to shape our bodies and influence our behaviors. Then, drawing on the very latest science, he explains the genetic “mismatches” that increasingly lead to cancer, diabetes, inflammatory and infectious diseases, AIDS, depression, and senility. He concludes with a look at the probable genetic variations in human psychology, sharing the evidence that traits like introversion and agreeableness are grounded in equally complex genetic interactions. It Takes A Genome demolishes yesterday’s stale debates over “nature vs. nurture,” introducing a new view that is far more intriguing, and far closer to the truth. See how broken genes cause cancer Meet the body’s “genetic repairmen”—and understand what happens when they fail The growing price of the modern lifestyle Why one-third of all Westerners have obesity, Type 2 diabetes, or other signs of “metabolic syndrome” The Alzheimer’s generation Why some of us are predisposed to dementia What’s really normal: the deepest lessons of the human genome The remarkable diversity of physical and emotional “normality”




Regulating Pre-implantation Genetic Diagnosis


Book Description

The successful achievement of pregnancies following pre-implantation genetic diagnosis (PGD) was first reported in April 1990. The technology is often used for patients who are at substantial risk of conceiving a pregnancy affected by a known genetic disorder, however from this technology other more controversial uses have arisen such as HLA typing to save the life of a sibling, gender selection for social reasons, the prevention of late onset diseases, or the prevention of diseases which may be genetically predisposed to developing such as breast cancer. The technology surrounding PGD is constantly developing, giving rise to new and unexpected consequences that create fresh ethical and legal dilemmas. Featuring internationally recognized experts in the field, this book critically explores the regulation of PGD and the broader legal and ethical issues associated with it. It looks at the regulatory situation in a number of jurisdictions including New Zealand, Australia and the United Kingdom, but it also explores a number of themes of wide significance including a historical consideration of PGD and its part in the creation of the "genetic embryo" as a political tool, the over regulation of PGD and the ethical difficulties in handling additional unexpected medical information yielded by new technologies. This book will be of particular interest to academics and students of law, medicine and ethics.




Human Genome Editing


Book Description

Genome editing is a powerful new tool for making precise alterations to an organism's genetic material. Recent scientific advances have made genome editing more efficient, precise, and flexible than ever before. These advances have spurred an explosion of interest from around the globe in the possible ways in which genome editing can improve human health. The speed at which these technologies are being developed and applied has led many policymakers and stakeholders to express concern about whether appropriate systems are in place to govern these technologies and how and when the public should be engaged in these decisions. Human Genome Editing considers important questions about the human application of genome editing including: balancing potential benefits with unintended risks, governing the use of genome editing, incorporating societal values into clinical applications and policy decisions, and respecting the inevitable differences across nations and cultures that will shape how and whether to use these new technologies. This report proposes criteria for heritable germline editing, provides conclusions on the crucial need for public education and engagement, and presents 7 general principles for the governance of human genome editing.




Human Population Genetic Research in Developing Countries


Book Description

Human population genetic research (HPGR) seeks to identify the diversity and variation of the human genome and how human group and individual genetic diversity has developed. This book asks whether developing countries are well prepared for the ethical and legal conduct of human population genetic research, with specific regard to vulnerable target group protection. The book highlights particular issues raised by genetic research on populations as a whole, such as the potential harm specific groups may suffer in genetic research, and the capacity for current frameworks of Western developed countries to provide adequate protections for these target populations. Using The People’s Republic of China as a key example, Yue Wang argues that since the target groups of HPGR are almost always from isolated and rural areas of developing countries, the ethical and legal frameworks for human subject protection need to be reconsidered in order to eliminate, or at least reduce, the vulnerability of those groups. While most discussion in this field focuses on the impact of genetic research on individuals, this book breaks new ground in exploring how the interests of target groups are also seriously implicated in genetic work. In evaluating current regulations concerning prevention of harm to vulnerable groups, the book also puts forward an alternative model for group protection in the context of human population genetic research in developing countries. The book will be of great interest to students and academics of medical law, ethics, and the implications of genetic research.




Lessons Learned


Book Description

No one wants to be sued. A lawsuit is an assault on one’s self-image, reputation, and livelihood. It is physically, mentally, and financially draining. The purpose of this book is (1) to provide genetic counselors with varying levels of experience and expertise with heightened awareness of the sources and processes of the law as it can affect their practice; (2) to offer them strategies for minimizing the potential for their being named in a lawsuit; and (3) to provide guidance for the management of current and emerging situations. This is the first book specifically addressing genetic counseling, as opposed to general healthcare risk management.




Medical Negligence: Non-Patient and Third Party Claims


Book Description

Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.