| Budget Amount *help |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 1996: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1995: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Research Abstract |
In this research, I studied the legal and ethical problems of medical genetics. I focused my attention on the points of informed consent, confidentiality of genetic information, genetic discrimination in insurance contracts, the relationship between genetics and eugenics, maintainbility of wrongful birth and wrongful life actions and remedies to be given successful plaintiffs. In considering these problems, I used materials of the United States. Additionally, I critically consulted GUIDELINES ON ETHICAL ISSUES IN MEDICAL GENETICS AND THE PROVISION OF GENETICS SERVICES,which is prepared by Wertz, Fletcher, Berg and Boulyjenkov in 1995 under the auspices of the World Health Orgenization.
1.With repect imformed consent, I studied (1) voluntariness and nondirectiveness of genetic diagnosis and counseling, (2) the contents of imformation to be given clients, (3) understanding of clients, (4) testing of incompetent persons. With respect genetic screening of newborns, I investigated practices in Hyogo area and laws in the United States.
2.With repect to the duty or authority to warn the third party who is at risk if being a carrier of genetic disease, commentators and guidelines tend to stop short of imposing a duty upon medical professionals.
3.With repect to the insurance discrimination based upon genetic information, there are many bills introduced in the current U.S.Congress, which will ban or limit such discrimination on top of the protection accorded by HIPPA of 1996.
4.With repect to the negligence in genetic counseling, the absence of the provision that legalizes genetic abortion made the Japanese courts unsympathetic to the plaintiff parents. In the United States, major trends seem to have been established : recognition of wrongful birth action and denial of wrongful life action. There remains disagreement with repect to the remedies to be accorded to successful plaintiffs.
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