National Headlines

Physician Liability: The Next Big Thing for Personalized Medicine? ~Medscape

Gary E Marchant; Doug E Campos-Outcalt; Rachel A Lindor | Disclosures | Personalized Medicine. 2011;8(4):457-467.

Four Examples

This section provides four hypothetical examples where a physician may be held liable for medical malpractice relating to personalized medicine. In setting forth these scenarios, we do not intend to suggest that physicians should or necessarily would be held liable for their actions, only that they might be held liable. Given the volatile mix of disagreement within the published literature and among credentialed experts, the idiosyncrasies of individual juries, juries, experts and attorneys, and the importance of intangible influences on litigation outcome such as the group dynamics of a particular jury or how well a particular lawyer performed on a specific day, the four scenarios described below, which involve different types and uses of genetics tests, could lead a jury to find a physician liable for medical malpractice in at least some instances.



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