Can I Be Sued for That? Liability Risk and the Disclosure of Clinically Significant Genetic Research Findings

Genome Research, 719, March 2014

6 Pages Posted: 15 Aug 2015

See all articles by Amy McGuire

Amy McGuire

Baylor University

Bartha Knoppers

McGill University

Ma'n H. Zawati

McGill University - Centre of Genomics and Policy

Ellen Clayton

Vanderbilt University

Date Written: March 27, 2014

Abstract

Genomic researchers increasingly are faced with difficult decisions about whether, under what circumstances, and how to return research results and significant incidental findings to study participants. Many have argued that there is an ethical — maybe even a legal — obligation to disclose significant findings under some circumstances. At the international level, over the last decade there has begun to emerge a clear legal obligation to return significant findings discovered during the course of research. However, there is no explicit legal duty to disclose in the United States. This creates legal uncertainty that may lead to unmanaged variation in practice and poor quality care. This article discusses liability risks associated with the disclosure of significant research findings for investigators in the United States.

Keywords: Liability Risk, Disclosure, Clinically Significant, Genetic Research Findings, Sued, Genomic Researchers

Suggested Citation

McGuire, Amy and Knoppers, Bartha and Zawati, Ma'n H. and Clayton, Ellen, Can I Be Sued for That? Liability Risk and the Disclosure of Clinically Significant Genetic Research Findings (March 27, 2014). Genome Research, 719, March 2014, Available at SSRN: https://ssrn.com/abstract=2640230

Amy McGuire

Baylor University ( email )

School of Engineering & Computer Science
Waco, TX 76798
United States

Bartha Knoppers

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

Ma'n H. Zawati (Contact Author)

McGill University - Centre of Genomics and Policy ( email )

740 Dr. Penfield Avenue, Suite 5200
Montreal, Quebec H3A 0G1
Canada

Ellen Clayton

Vanderbilt University ( email )

2301 Vanderbilt Place
Nashville, TN 37240
United States

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