Roy Gilbar and Charles Foster, ‘It’s arrived! Relational Autonomy Comes to Court: ABC v St George’s Healthcare NHS Trust [2017] EWCA 336′

Abstract
This note concerns the first case to reach the English courts regarding the duty of clinicians to communicate genetic information to a patient’s relatives. In 2015, the High Court struck out a claim by a patient’s daughter against her father’s doctors, holding that they neither owed her a common law duty of care nor breached Article 8 of the European Convention on Human Rights. The Court of Appeal (Gloster, Underhill, and Irwin LJJ) unanimously reversed the High Court’s decision and allowed the case to proceed to trial. This decision, which we support, might have substantial ramifications for English medical law.

Roy Gilbar and Charles Foster, It’s arrived! Relational Autonomy Comes to Court: ABC v St George’s Healthcare NHS Trust [2017] EWCA 336, Medical Law Review, https://doi.org/10.1093/medlaw/fwx044. Published: 17 October 2017.

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