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The Future of Prenatal Diagnosis and Screening
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J. Clin. Med. 2014, 3(4), 1437-1465; doi:10.3390/jcm3041437

The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

Children's Law Group, Case Western Reserve University School of Law, LLC, 142 East Ontario, Suite 525 Chicago, IL 60611, USA
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Received: 26 August 2014 / Revised: 16 September 2014 / Accepted: 17 September 2014 / Published: 15 December 2014
(This article belongs to the Special Issue Prenatal Genetic Screening and Diagnosis-Part 1)
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Abstract

This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS), the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments. View Full-Text
Keywords: legal status of prenatal testing; ethics of prenatal testing; professional liability; genetic counseling; informed consent; cell-free fetal DNA testing; noninvasive fetal testing; preimplantation genetic diagnosis; termination of pregnancy; embryonic therapy; fetal therapy legal status of prenatal testing; ethics of prenatal testing; professional liability; genetic counseling; informed consent; cell-free fetal DNA testing; noninvasive fetal testing; preimplantation genetic diagnosis; termination of pregnancy; embryonic therapy; fetal therapy
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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MDPI and ACS Style

Pergament, D.; Ilijic, K. The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services. J. Clin. Med. 2014, 3, 1437-1465.

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