Duty to Disclose
From WikiGenetics
The results of a genetic test may have implications for a patient’s family members. However, health care providers have an obligation to the person being tested not to inform other family members without the permission of the person tested, except in extreme circumstances. If a health professional believes family members may be at risk, the patient may be encouraged to discuss test results with other family members. In general, families are opposed to doctors informing at-risk members without their consent, even in cases where the disease is easily preventable. The duty to inform varies by state, and courts have ruled on differing sides in different cases.
The American Society of Human Genetics suggests that disclosure to at-risk individuals is permissible when the following criteria are met:
- Attempts to encourage disclosure on the part of the patient have failed
- Harm is highly likely, serious, imminent, and foreseeable
- At-risk relatives are identifiable
- Disease is preventable, or medically accepted standards for treatment or screening are available
- The harm from failing to disclose outweighs the harm from disclosure
