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Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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condition. This conflict can take the form of denial <strong>and</strong> the refusal of indicated testing<br />

or a hypersensitivity to risk <strong>and</strong> the aborting of fetuses with a fair probability of normal<br />

development. Physicians must be sensitive to both of these reactions, while carefully<br />

documenting the information provided <strong>and</strong> raising the issue at more than one encounter<br />

so that the woman has an opportunity to reconsider her decisions.<br />

1. <strong>Medical</strong> Risks<br />

All physicians who care for pregnant women or patients with genetic diseases have a<br />

duty to counsel their patients about the nature of the diseases, their probability of<br />

being passed on to children, <strong>and</strong> the diagnostic options available. A physician who<br />

does not offer genetic screening because he or she is opposed to abortion, or for any<br />

other reason, has a duty to refer the patient to another physician who can carry out<br />

the necessary counseling <strong>and</strong> testing. The physician has a duty to provide full<br />

information to the patient. There is no therapeutic exception to informing patients<br />

about potential risks to their unborn children.<br />

In some cases it may be necessary to give a patient medical information about<br />

another person. It is not possible to counsel the children of a patient with<br />

Huntington’s disease without letting the children know about the parent’s disease.<br />

Often the information will have been obtained with a release from the affected<br />

parent. If not, every effort should be made to protect the privacy of the other patient.<br />

Names <strong>and</strong> other identifying information should not be used, although it is probable<br />

that the patients can determine who is affected. There may also be situations in which<br />

the courts can help persons obtain necessary medical information about genetic<br />

diseases. In most states, adoption records are sealed, but the court that granted the<br />

adoption can order the records opened if there is a compelling reason for doing so.<br />

a) Screening for Neural Tube Defects as a Model<br />

The available tests <strong>and</strong> medical st<strong>and</strong>ards for detecting specific genetic diseases are<br />

changing rapidly. Rather than attempting to discuss each test <strong>and</strong> disease, this<br />

section identifies commonalities in counseling <strong>and</strong> testing through a discussion of a<br />

small number of diseases. Currently, maternal serum alpha- fetoprotein (MSAFP)<br />

is the only screening test for genetic diseases recommended for all women.[ ACOG<br />

Technical Bulletin 154. Prenatal Detection of Neural Tube Defects. April 1991.] It<br />

provides a good model for genetic counseling because it is a disease with both a<br />

hereditary component <strong>and</strong> a r<strong>and</strong>om component that defies easy separations into<br />

risk groups. Neural tube defects are common, occurring in 1 or 2 per 1000 births<br />

among couples with no history. With one affected parent, the risk rises to 5% of<br />

births, rising further to 6% to 10% if the couple has two previous affected children.<br />

Despite this genetic link, 90% to 95% of the cases are in families with no previous<br />

history, prompting the recommendation that the screening test be offered to all<br />

pregnant women.<br />

When first made, this recommendation was controversial because the test for<br />

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