Genomic Negligence

Medical Law

Genomic Negligence An Interest in Autonomy as the Basis for Novel Negligence Claims Generated by Genetic Technology

By Victoria Chico
Routledge April 2011

Specifications

ISBN-13
9780415495189
Publisher
Routledge
Publication
April 2011
Format
Hardback , 200 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Advances in genetic technology will lead to novel legal challenges. This book identifies four potential genomic claims which may be articulated as novel negligence challenges. Each of these claims is considered from the perspective of the English courts’ approach to novel kinds of damage. It is argued that these novel genomic claims are unlikely to be favourably received given the current judicial attitude to new forms of damage. However, Victoria Chico argues that the genomic claims could be conceived of as harm because they concern interferences with autonomy. Each claim is considered from the perspective of a hypothetical English negligence system imbued with explicit recognition of the interest in autonomy. Chico examines how recognition of this new form of damage would lead to novel genomic negligence claims being treated in a way which they would not, if considered within traditional parameters of harm in negligence.

Table of Contents

Introduction 1. Some Genetic Science which is of Significance to Novel Genomic Negligence Claims 2. The Recognition of New Interests and Corresponding Duties of Care in English Negligence Law 3. An Interest in Autonomy as the Basis for a New Head of Damage in Negligence: Possible Interpretations and Limitations 4. Negligence in Reproductive Genetics: The Wrongfully Created Person and a Claim Based on the Interest in Autonomy 5. Negligence in Reproductive Genetics: The Parents’ Perspective 6. Genetic Information: Failure to Disclose a Genetic Risk 7. Genetic Information: Unwanted Disclosure of a Genetic Risk. Conclusion

About the Author

Victoria Chico is a Lecturer in Law at the University of Sheffield, UK.  

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