ABSTRACT

This chapter focuses on principles of English tort law. It examines the position of law and medical ethics regarding the status of family members in two possible scenarios: in the first, the patient receives medical genetic information from his or her doctor but refuses to disclose it to the family members. In the second scenario, the patient is willing to share the information with his or her relatives but they are reluctant to receive it. Stating that the relatives may wish to sue the doctor or the patient, the first question is whether they can sue the patient in negligence. In the genetic context the relatives may wish to sue the patient if his or her failure to inform them prevents them from taking preventive measures against harm. In the medical context, the existence of a doctor-patient relationship implies that the doctor owes a duty of care to the patient.