Non-Invasive Prenatal Screening: Navigating the Relevant Legal Norms.

Journal of Obstetrics and Gynaecology Canada : JOGC = Journal D'obstétrique Et Gynécologie Du Canada : JOGC
Blake Murdoch, Timothy Caulfield

Abstract

The implementation of non-invasive prenatal screening (NIPS) in Canada will be affected by legal norms. The law can shape physician behaviour, help to crystallize standards of care, influence utilization patterns, and reflect and reinforce patient expectations. In Canada, failure to inform a patient about NIPS, or misinterpretation of NIPS results, could result in a successful "wrongful birth" claim if the patient subsequently gives birth to a child with a condition that had been detectable. Given that research shows that physicians' decisions are influenced by concerns about liability, malpractice law seems likely to encourage increased recommendation and use of NIPS. Physicians' fiduciary and negligence-based disclosure standards require they consider both objective factors as well as a specific patient's subjective and reasonable beliefs, fears, desires, and expectations. Thus, physicians likely must address dominant public discourses and controversies relevant to NIPS. Given the existence of spin, hype, and misinformation about NIPS, there is an increasing need for a robust consent process and, when appropriate, genetic counselling. In sum, the law will define and bound the acceptable behaviour of physicians recommending or...Continue Reading

References

Nov 7, 2014·Journal of Obstetrics and Gynaecology Canada : JOGC = Journal D'obstétrique Et Gynécologie Du Canada : JOGC·Maeghan Toews, Timothy Caulfield
Sep 1, 2015·Annual Review of Genomics and Human Genetics·Mollie A MinearSubhashini Chandrasekharan
Apr 22, 2016·AMA Journal of Ethics·Gareth M Thomas, Barbara Katz Rothman
Jun 4, 2016·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Gary E MarchantDoug Campos-Outcalt
Jan 8, 2017·Journal of Obstetrics and Gynaecology Canada : JOGC = Journal D'obstétrique Et Gynécologie Du Canada : JOGC·Blake MurdochTimothy Caulfield
Sep 2, 2017·Journal of Obstetrics and Gynaecology Canada : JOGC = Journal D'obstétrique Et Gynécologie Du Canada : JOGC·Francois AudibertRaymond Kim
Jan 8, 2019·Perspectives in Biology and Medicine·Timothy Caulfield
Feb 11, 2019·Journal of Obstetrics and Gynaecology Canada : JOGC = Journal D'obstétrique Et Gynécologie Du Canada : JOGC·Anne-Marie LabergeVardit Ravitsky
Jun 5, 2019·Prenatal Diagnosis·Yael Hashiloni-DolevAviad Raz

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Citations

Apr 14, 2021·Annual Review of Genomics and Human Genetics·Vardit RavitskyTamar Nov-Klaiman

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