ABC v St George's Healthcare Trust and Ors: A new duty of care?
Date | 01 September 2020 |
Pages | 394-399 |
Published date | 01 September 2020 |
DOI | 10.3366/elr.2020.0652 |
In modern medicine it is increasingly common for patients to undertake genetic testing for particular disorders. The results of these tests can have life-altering implications for patients and their relatives. A significant ethico-legal dilemma exists here with regards to balancing the potential liability of healthcare professionals (“HCPs”) to disclose such information to those who may be affected, and the duty of confidentiality owed to patients. In other words: to what extent do HCPs owe a duty of care to their patient's family to disclose a hereditary disease?
As Yip J commented in her ruling, the circumstances surrounding this case are “tragic and unusual”.
ABC tested positive for HD in 2013. ABC brought a claim both in negligence
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