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Genetic Tests are Testing the Law

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Publication Date: October 2006

Publisher(s): American Association for Justice (Washington, D.C.); Trial

Author(s): Susannah Baruch; Elizabeth L. Bloom; Susan L. Crockin

Topic: Health (Medical research and technology)
Law and ethics (Health law)

Keywords: In-vitro fertilization; Genetic testing

Type: Other

Coverage: United States

Abstract:

New medical technologies will test both statutes of limitations and standards of care. The time limit for bringing claims after genetic abnormalities are discovered is likely to stretch, potentially into future generations.

The standard of care that courts apply to the performance of genetic testing services is also evolving. While precedent will continue to be relevant, new reproductive wrongs will doubtless lead to new legal theories and more evolution in the case law.

In Trial, October 2006, p.44-51.