The Status of the Family in Law and Bioethics: The Genetic Context

The doctor's responsibilities in communicating diagnostic and predictive genetic information to a patient's family members are explored in this volume within the liberal-communitarian debate. It examines the legal and ethical obligations of doctors, focusing on tort law and confidentiality and the bioethical literature's approach.

Format: Paperback / softback
Length: 278 pages
Publication date: 28 February 2022
Publisher: Taylor & Francis Ltd

The doctor's responsibilities in communicating diagnostic and predictive genetic information to a patient's family members are a complex and multifaceted issue. On the one hand, a patient may wish to retain confidentiality while their relatives seek information, while on the other, a patient may wish to share the information while their relatives would rather not know. This volume investigates the doctor's professional legal and ethical obligations in the context of these two familial tensions.

The examination is conducted within the liberal-communitarian debate, which holds different perceptions of the individual and the relationship he or she has with others. Within this theoretical framework, the book examines the approach taken by English medical law and ethics to the communication of genetic information to family members.

Legally, the focus is on tort law and the law of confidentiality. Ethically, it concentrates on the approach taken by the bioethical literature, and more specifically by codes of ethics and professional guidelines.

One of the primary legal considerations is whether the doctor has a duty to disclose genetic information to family members. In England and Wales, the Human Rights Act 1998 protects the right to privacy, which includes the right to keep personal information confidential. However, there are exceptions to this right, such as when the information is necessary to protect the health and safety of others.

In the case of genetic information, the doctor may have a duty to disclose if the information is relevant to the patient's health or if it could affect the health of the patient's family members. For example, if a patient has a genetic condition that is known to be hereditary, the doctor may need to disclose the information to the patient's family members so that they can be aware of the risks and take appropriate precautions.

However, there are also ethical considerations to consider. For example, the doctor may need to balance the patient's right to privacy with the family's right to know. The doctor may also need to consider the potential impact of the information on the family's emotional well-being and relationships.

In conclusion, the doctor's responsibilities in communicating diagnostic and predictive genetic information to a patient's family members are complex and multifaceted. The doctor must balance the patient's right to privacy with the family's right to know and must consider the potential impact of the information on the family's emotional well-being and relationships. It is essential for the doctor to be aware of the legal and ethical considerations involved in this issue and to take appropriate steps to ensure that the patient's rights are protected while also providing the family with the information they need to make informed decisions.

Weight: 420g
Dimension: 156 x 231 x 19 (mm)
ISBN-13: 9781138357600