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Ethical and Legal Challenges Associated with Public Molecular Autopsies
Quianta L Moore1, Mary A Majumder1, Lindsey K Rutherford1
1Quianta L. Moore, M.D., J.D., is a Research Associate in the Center for Medical Ethics and Health Policy at Baylor College of Medicine and a Scholar in Health Policy at the Baker Institute for Public Policy at Rice University. She has a M.D. from Baylor College of Medicine and a J.D. from the University of Houston Law Center. Mary A. Majumder, J.D., Ph.D., is an Associate Professor of Medicine in the Center for Medical Ethics and Health Policy at Baylor College of Medicine. She has a J.D. from Yale Law School and a Ph.D. from Rice University. Lindsey K. Rutherford, J.D., holds the title of Assistant County Attorney for Harris County, Texas and serves as the General Counsel to the Chief Medical Examiner and Harris County Institute of Forensic Sciences. She obtained her B.S. degree in Biology from Texas A&M University, her J.D. degree from the University of Houston Law Center and is licensed to practice law in the state of Texas. Amy L. McGuire, J.D., Ph.D., is the Leon Jaworski Professor of Biomedical Ethics and Director of the Center for Medical Ethics and Health Policy at Baylor College of Medicine. She received her J.D. from the University of Houston Law Center and Ph.D. from the University of Texas Medical School at Galveston.
Abstract:
There is a national movement supporting the retention and use of bio-specimens from deceased individuals for the purpose of genetic testing. This manuscript discusses the significance of postmortem genetic testing in the context of death determination by medical examiners (i.e., public molecular autopsies). We highlight distinctive concerns that are raised in the areas of consent, confidentiality, and return of results when genetic testing is performed as part of a public molecular autopsy. We believe our manuscript will contribute to the development of a robust ethical and legal framework for genetic testing in this context.
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