No one wants to be sued. A lawsuit is an assault on one s
self-image, reputation, and livelihood. It is physically, mentally,
and financially draining. Professionals get sued because an
individual believes she has been harmed or thinks there is enough
evidence to convince a jury that she has been harmed. An accusation
of harm can be expressed in different legal terms, such as breach
of contract or negligence. The profession of genetic counseling has
developed within the field of medicine, so that a medical model
usually applies. Therefore, a formal complaint by a patient about a
genetic counselor would come under the laws that apply to medicine
as opposed to business. Most commonly, these complaints take the
form of a malpractice lawsuit that claims malpractice or
negligence.
The purpose of this book is (1) to provide genetic counselors
with varying levels of experience and expertise with heightened
awareness of the sources and processes of the law as it can affect
their practice; (2) to offer them strategies for minimizing the
potential for their being named in a lawsuit; and (3) to provide
guidance for the management of current and emerging situations. The
book discusses the day-to-day practices of genetic counselors and
identifies areas in which possible causes of liability can be
found. It looks closely at a negligence lawsuit as it would concern
a genetic counselor, so that readers may learn where the potholes
hazards and how to avoid them. "
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