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  • Title: The "new" genetics: emerging medicolegal issues in the prenatal issues in the prenatal diagnosis of hereditary disorders.
    Author: Milunsky A, Reilly P.
    Journal: Am J Law Med; 1975 Mar; 1(1):71-88. PubMed ID: 1234716.
    Abstract:
    Major advances in prenatal genetic diagnosis have occurred in the past few years which pose difficult challenges to the law. This paper raises questions relative to family history taking, genetic counseling, carrier detection, amniocentesis, and prenatal genetic studies, and also raises questions with respect to the rights and responsibilities of the patient, the fetus, the physician, and society in light of such modern advances. Law reform often occurs only after prior harm to an individual, family or group. Perception and delineation of the most important issues in this area should serve to stimulate the development of medicolegal guidelines and corrective legislation prior to the occurrence of a genetic tragedy. Prenatal genetic diagnosis poses critical moral, legal, and ethical dilemmas involving the family, the physician, society, and the fetus. Questions arise involving family history taking, genetic counseling, carrier detection, amniocentesis, and prenatal genetic diagnosis. The rights of the patient, the fetus, the physician, and society are unclear. The physicianneeds legal clarification of his right to contact blood relations of a patient with a genetic condition. The question arises of who hasthe responsibility to make an infant aware of being a carrier of a serious disease. Failure of a physician to inform a woman that she is at risk for hacing defective children could expose him to legal liability. A physician might also be in legal jeopardy if he fails to recommend diagnostic tests to a patient. The essential aim of amniocentesis is to assure parents that their offspring will be normal, and the risks should be discussed with both parents prior to the procedure. Courts generally hold the physician responsible for informing a patient so that she may give informed consent. The status of the fetus is most unclear. It is hoped that medicolegal guidelines will be developed prior to the occurrence of a genetic tragedy.
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