Genetic risk: the new frontier for the duty to warn.
Mental health professionals usually think of the "duty to warn" in the context of mental illness. However, two state appellate courts have endorsed a duty to warn when children of a patient may be at risk genetically for acquiring the disease of their parents. In these cases, the courts held that a physician's legal obligations extended beyond his or her patient to the patient's children. This article discusses these cases, as well as issues regarding implementation of such a duty and the implications for the physician-patient relationship in a health care environment that will be dominated increasingly by genetics issues. The article concludes that it is premature to apply a duty to warn to the treatment of mental illness and to concerns regarding future criminal behavior.
Petrila
J
J
Department of Mental Health Law and Policy, Louis de la Parte Florida Mental Health Institute, University of South Florida, Tampa, FL 33617, USA. petrila@mirage.fmhi.usf.edu
D003415:Crime; D017007:Duty to Warn / Q000331:legislation & jurisprudence*; D005431:Florida; D020022:Genetic Predisposition to Disease; D005824:Genetics, Behavioral; D006801:Humans; D009515:New Jersey; D010817:Physician-Patient Relations