The Legal Past, Present and Future of Prenatal Genetic Testing: Professional
Liability and Other Legal Challenges Affecting Patient Access to Services
#MMPMID26237611
Pergament D
; Ilijic K
J Clin Med
2014[Dec]; 3
(4
): 1437-65
PMID26237611
show ga
This chapter is an overview of the current status of the law in the United States
regarding prenatal genetic testing with an emphasis on issues related to
professional liability and other challenges affecting patient access to prenatal
genetic testing. The chapter discusses the roles that federal regulations,
promulgated by the Centers for Medicare and Medicaid Services (CMS), the Food and
Drug Administration (FDA) and the Federal Trade Commission (FTC), play in the
regulation of prenatal genetic tests. The chapter discusses tort litigation based
on allegations of malpractice in the provision of prenatal genetic testing and
how courts have analyzed issues related to causation, damages and mitigation of
damages. The chapter provides reference information regarding how individual
states address causes of action under the tort theories of wrongful birth and
wrongful life. The chapter concludes with a discussion of future legal issues
that may affect clinical prenatal genetic testing services arising from the
continued expansion of prenatal genetic testing, legal restrictions on access to
abortion and the potential development of embryonic treatments.
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