Genomic Negligence: An Interest in Autonomy as the Basis for Novel Negligence Claims Generated by Genetic Technology
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Advances in genetic technology will lead to novel legal challenges. This book identifies four potential genomic claims which may be articulated as novel negligence challenges. Each of these claims is considered from the perspective of the English courts’ approach to novel kinds of damage. It is argued that these novel genomic claims are unlikely to be favourably received given the current judicial attitude to new forms of damage. However, Victoria Chico argues that the genomic claims could be conceived of as harm because they concern interferences with autonomy. Each claim is considered from the perspective of a hypothetical English negligence system imbued with explicit recognition of the interest in autonomy. Chico examines how recognition of this new form of damage would lead to novel genomic negligence claims being treated in a way which they would not, if considered within traditional parameters of harm in negligence. Genomic Negligence An interest in autonomy as the basis for novel negligence claims generated by genetic technology ......Page 6 Copyright......Page 7 Contents......Page 8 Table of cases and statutes......Page 9 Acknowledgements......Page 16 Introduction......Page 18 Chapter 1 Some genetic science which is of significance to novel genomic negligence claims ......Page 23 Chapter 2 The recognition of new interests and corresponding duties of care in English negligence law......Page 33 Chapter 3 An interest in autonomy as the basis for a new head of damage in negligence: possible interpretations and limitations......Page 54 Chapter4 Negligence in reproductive genetics: the wrongfully created person and a claim based on the interest in autonomy......Page 89 Chapter 5 Negligence in reproductive genetics: the parents’ perspective......Page 123 Chapter6 Genetic information: failure to disclose a genetic risk......Page 158 Chapter 7 Genetic information: unwanted disclosure of a genetic risk......Page 188 Conclusion......Page 209 Index......Page 212
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