Duty to warn for genetic testing: the importance of understanding harm when practically applying The president's commission standards of disclosure

Abstract

The field of genetics is unique as test results reveal information about multiple individuals. When a hereditary condition is identified, healthcare professionals face an ethical dilemma between their duty of confidentiality toward their patients and their moral obligation to warn relatives of possible harm. The standards developed by The 1983 President's Commission1 guide healthcare professionals with this decision-making process. This thesis will argue that these standards of disclosure are defensible in the face of common criticisms of genetic information disclosure and are a good guide for health care professionals challenged with this ethical dilemma. However, there are challenges when practically applying these standards because of the standards’ reliance on the notion of harm. Harm is complex, and when using the standards, we must distinguish between a harmful action and a wrongful action. This thesis will argue that this distinction must be made when practically applying these standards to avoid a mistake in our understanding of the situation. An improper understanding would result in a moral dilemma as the rights of another would be infringed upon in an unjustified manner.