Physician liability and non-invasive prenatal testing.
Although non-invasive prenatal testing (NIPT) marks a notable development in the field of prenatal genetic testing, there are some physician liability considerations raised by this technology. As NIPT is still emerging as the standard of care and is just starting to receive provincial funding, the question arises of whether physicians are obligated to disclose the availability of NIPT to eligible patients as part of the physician-patient discussion about prenatal screening and diagnosis. If NIPT is discussed with patients, it is important to disclose the limitations of this technology with respect to its accuracy and the number of disorders that it can detect when compared with invasive diagnostic options. A failure to sufficiently disclose these limitations could leave patients with false assurances about the health of their fetuses and could raise informed consent and liability issues, particularly if a child is born with a disability as a result.
Health Law Institute, Faculty of Law, University of Alberta, Edmonton AB.
Maeghan
M
Toews
Health Law Institute, Faculty of Law, University of Alberta, Edmonton AB; School of Public Health, University of Alberta, Edmonton AB.
Timothy
T
Caulfield
D030881:Disclosure; D005260:Female; D005820:Genetic Testing / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D010820:Physicians / Q000331:legislation & jurisprudence*; D011247:Pregnancy; D011296:Prenatal Diagnosis; D015974:Wrongful Life
disclosure obligations; non-invasive prenatal testing; provider liability