ABSTRACT

This chapter presents a story on genetic confidentiality, which with an unlawful killing. The man responsible, F, was convicted of his wife's manslaughter, because he lacked capacity to form the intention necessary to be found guilty of murder. The case was discontinued because the judge refused to accept that the hospital's duty of care to the father extended to a third party, in this case his daughter. To find otherwise would have been invidious, since the geneticists would have had to choose between their duties of confidence to the father, as opposed to their duty to disclose to the daughter. A psychiatrist who had assessed and treated her mother provided factual evidence relating to her mental health to the court. Following the care proceedings, the mother made allegations in the press against, among other things, Dr X's conduct, and she published materials on the Internet despite an injunction preventing her from doing so.