Medicolegal and insurance issues regardingBRCA1andBRCA2gene tests in high income countries

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Abstract
Cite
Oliva, Riccardo, et al. “Medicolegal and Insurance Issues regardingBRCA1andBRCA2gene Tests in High Income Countries”. International Journal of Gynecologic Cancer, 2024, pp. ijgc-23, https://doi.org/10.1136/ijgc-2023-005225.
Oliva, R., Grassi, S., Marchetti, C., Cazzato, F., Marinelli, R., Scambia, G., & Fagotti, A. (2024). Medicolegal and insurance issues regardingBRCA1andBRCA2gene tests in high income countries. International Journal of Gynecologic Cancer, ijgc-2023. https://doi.org/10.1136/ijgc-2023-005225
Oliva R, Grassi S, Marchetti C, Cazzato F, Marinelli R, Scambia G, et al. Medicolegal and insurance issues regardingBRCA1andBRCA2gene tests in high income countries. International Journal of Gynecologic Cancer. 2024;:ijgc-2023.
Journal Categories
Medicine
Medicine
Gynecology and obstetrics
Medicine
Internal medicine
Neoplasms
Tumors
Oncology
Including cancer and carcinogens
Medicine
Medicine (General)
Description

Are you aware of the legal and insurance implications surrounding genetic testing for breast and ovarian cancer? This review delves into the medicolegal liability and insurance issues associated with BRCA1 and BRCA2 gene tests in high-income countries. Given that mutations in these genes significantly increase the lifetime risk of developing breast or ovarian cancer, genetic testing is a crucial diagnostic tool. The medicolegal issues discussed include failure to recommend or properly interpret the test, failure to translate results into clinical practice, lack of informed consent, and failure to refer patients for genetic counseling. These errors can lead to compensation claims. Regarding insurance, carriers of such alleles without cancer are healthy but at increased risk, potentially leading to genetic discrimination by insurers who may limit options or increase costs. This paper examines positions from different high-income countries, stressing the need for a common regulatory framework to balance the economic interests of insurers with the rights of carriers not to disclose sensitive information. It emphasizes the importance of informed decision-making and protection against genetic discrimination in the context of BRCA1/2 gene testing.

This article in the International Journal of Gynecologic Cancer directly addresses key concerns within gynecologic oncology. The paper aligns with the journal's mission to provide comprehensive information on the diagnosis, treatment, and prevention of gynecologic cancers, particularly with regards to genetic testing and its implications for clinical practice.

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