Physicians' Legal Duties Regarding the Use of Genetic Tests to Predict and Diagnose Alzheimer Disease

Journal of Legal Medicine, Vol. 21, Pp. 445-475, December 2000

Posted: 16 Nov 2000  

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Abstract

This article identifies and explores the possible impact of genetic science advances concerning Alzheimer's disease on legal standards delineating acceptable medical practice in the realm of predicting and diagnosing Alzheimer's disease, and on the potential liability exposure of physicians who care for patients who are now, or in the future may become, Alzheimer's disease victims. Specific issues addressed include: What obligation, if any, does a physician owe a patient to offer genotyping for Alzheimer's disease for predictive purposes? For diagnostic purposes? What are the informed consent ramifications of such offers? To what extent, if any, is there a duty on the physician's part to perform genetic testing for Alzheimer's disease in response to patient demand? What standards of care apply to the physician's communication of Alzheimer's-related genetic testing results to a patient? What confidentiality considerations apply to Alzheimer's disease-related genetic information about a patient, particularly if potential rights of third parties must be taken into account?

Suggested Citation

Kapp, Marshall B., Physicians' Legal Duties Regarding the Use of Genetic Tests to Predict and Diagnose Alzheimer Disease. Journal of Legal Medicine, Vol. 21, Pp. 445-475, December 2000. Available at SSRN: https://ssrn.com/abstract=246623

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-645-9260 (Phone)
850-645-2824 (Fax)

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