The Problem
The shared nature of genetic information means that health care professionals may have an ethical responsibility to their patients but also to the people that are genetically related to the patient. This characteristic also means that other family members may want to access the results of genetic tests to help determine their own susceptibility to a condition such as sudden cardiac death. There has been no case law on how healthcare professionals should exercise their obligations and duty of care in cases of genetic testing or whether relatives have the right to access shared genetic information held by third parties. However the new Human Tissue Act 2004 does specify the situations when a direction may be obtained to access the results of a DNA analysis. This section in the Act has not been tested yet.

Patient-centred
The purpose of this research is to ensure that the best service is provided to patients and there is an awareness of who may have some legal or ethical obligation to access, protect, or distribute the results of a genetic test.

Relevance for Practice
Understanding the extent of these legal and ethical obligations is of importance to all health care professionals who are treating patients who receive a genetic test. As genetic tests become more common in the NHS, such research will have a significant impact on the development of policy in this area.

For more information about this project contact Professor Michael Parker