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.
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
Scientific and clinical advances, social and political developments and the impact of healthcare on our lives raise profound ethical and legal questions. Medical law and ethics have become central to our understanding of these problems, and are important tools for the analysis and resolution of problems – real or imagined.
In this series, scholars at the forefront of biomedical law and ethics will contribute to the debates in this area, with accessible, thought-provoking, and sometimes controversial ideas. Each book in the series will develop an independent hypothesis and argue cogently for a particular position. One of the major contributions of this series is the extent to which both law and ethics are utilised in the content of the books, and the shape of the series itself.