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Medical Decision Making and the Previvor
1Assistant Professor of Law and Co-Director of the Health Law and Policy Institute at the University of Houston Law Center in Houston, Texas USA; and Director of Law and Ethics at the University of Chicago MacLean Center for Clinical Medical Ethics in Chicago, Illinois USA. vgkoch@central.uh.edu.
Genetic testing identifies "previvors" with disease predisposition. This necessitates a shift from informed consent to shared decision-making in medicine and law.
Area of Science:
- Medical Ethics
- Genetics
- Health Law
Background:
- Genetic testing identifies individuals with a predisposition to disease, termed "previvors."
- The concept of previvorship highlights the evolving nature of medical practice and decision-making.
- Current legal frameworks and policies struggle to accommodate advancements in genetic medicine.
Purpose of the Study:
- To examine the impact of previvorship on the physician-patient relationship and informed consent.
- To advocate for a transition towards shared decision-making models in healthcare.
- To explore the need for updated legal doctrines that support contemporary medical practices.
Main Methods:
- Conceptual analysis of medical ethics and legal doctrine.
- Review of the implications of genetic predisposition on patient autonomy.
- Examination of the challenges posed by risk/benefit assessment and uncertainty.
Main Results:
- The previvor experience challenges traditional informed consent, revealing its declining utility.
- Existing legal doctrines are increasingly inapplicable to modern medical scenarios.
- There is a clear need for a new legal framework supporting shared decision-making.
Conclusions:
- A shared decision-making model is essential to address patient values, complex risk assessments, and medical uncertainty.
- This model promotes a more inclusive and expansive understanding of illness.
- Legal doctrines must evolve to support patient-centered, collaborative healthcare decisions.
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