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Hereditary cancer litigation: a status report
1Creighton University School of Medicine, Omaha, Nebraska, USA.
Oncology (Williston Park, N.Y.)
|February 1, 1996
Summary
Physicians may face lawsuits for failing to consider family cancer history in diagnosis and treatment. Genetic analysis advances suggest increased future litigation risk for medical professionals.
Area of Science:
- Medical Law
- Oncology
- Genetics
Background:
- Cancer patient lawsuits increasingly cite physician negligence in diagnosis and management.
- Claims include failure to consider patient genealogy and investigate family cancer history.
Purpose of the Study:
- To highlight the legal implications of neglecting family cancer history in patient care.
- To underscore the importance of comprehensive family cancer history assessment.
Main Methods:
- Review of legal precedents involving physician negligence in cancer cases.
- Analysis of trends in medical malpractice litigation related to cancer diagnosis.
Main Results:
- While historically sporadic, lawsuits alleging failure to consider family cancer history have occurred.
- The importance of a thorough patient and family cancer history is legally recognized.
Conclusions:
- Physicians must obtain complete cancer histories from patients and their immediate families.
- Advancements in gene analysis will likely increase future litigation risk for inadequate family cancer history evaluation.