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Physician Liability for Genetic Risk-Based Prescription Decisions.

Valerie Gutmann Koch1

  • 1https://ror.org/04xtx5t16DePaul University - Loop Campus, United States.

American Journal of Law & Medicine
|June 11, 2026
PubMed
Summary
This summary is machine-generated.

Physicians using genetic tests for opioid use disorder (OUD) risk face liability due to test unreliability. Existing legal frameworks inadequately protect patients from harms caused by these genetic tests in clinical practice.

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Published on: January 16, 2019

Area of Science:

  • Medical Genetics
  • Pharmacogenomics
  • Legal Medicine

Background:

  • Genetic testing for opioid use disorder (OUD) risk is emerging.
  • Concerns exist regarding test accuracy (false positives/negatives) and clinical utility.
  • Physicians may over-rely on genetic data, neglecting multifactorial OUD risk.

Purpose of the Study:

  • To examine physician liability risks associated with using genetic tests for OUD risk assessment.
  • To analyze potential legal recourse for patients harmed by genetic test-guided clinical decisions.
  • To evaluate the adequacy of current tort law in addressing these issues.

Main Methods:

  • Review of legal frameworks and potential physician liability scenarios.
  • Analysis of clinical decision-making in the context of genetic risk prediction.
  • Discussion of ethical and practical implications of genetic testing for OUD.

Main Results:

  • Physicians face liability for inappropriate prescribing, denial of care, or failure to test based on genetic results.
  • Genetic test results can lead to undertreatment of pain or inappropriate opioid prescriptions.
  • Existing tort law provides insufficient protection for patients and guidance for clinicians.

Conclusions:

  • The integration of genetic tests for OUD risk into clinical practice poses significant liability challenges for physicians.
  • Current legal and ethical frameworks are inadequate to manage the risks and ensure patient safety.
  • Relying solely on tort law will not mitigate the harms associated with these predictive genetic tests.