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Vol 23 No 5 May/June 2018

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

ISBN13: 9780415859462
Published: May 2013
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £34.99
Hardback edition , ISBN13 9780415495189

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Advances in human genetics are set to revolutionise the way we think about our health. The increasing availability of genetic tests will lead to a situation where we know more about others and they know more about us.

Furthermore, genetic knowledge enables us to predict and modify our genetic future and the genetic future of subsequent generations.

Within the context of such changing social circumstances, this book identifies novel grievances that might be generated by modern human genetic technologies. In the absence of dedicated regulation, such novel grievances would be articulated via the tort system.

The book considers how the English tort regime might respond to the perceived wrongs identified as potentially arising from the application of new genetic technologies in health care settings. Following on from this, Genomic Torts considers whether a more claimant-orientated reaction to the perceived wrongs might arise if the English tort system were explicitly imbued with a recognition of an interest in personal autonomy.

Medical Law, Tort Law
1. Introduction
2. Recent developments in human genetics
3. The culture of English negligence law
4. Theories of Autonomy
5. Negligence in reproductive genetics: the child’s perspective
6. Negligence in reproductive genetics: the parents’ perspective
7. Genetic information: the failure to warn
8. Genetic information: unwanted disclosure
9. Breach of autonomy – a new tort?
10. Conclusion