Medical malpractice

Are Gene Testing Labs Liable For Medical Malpractice?

June 5, 2017 by James McHugh, Jr.
blood clot misdiagnosis

Most people know that if a doctor or hospital makes a mistake, patients have a right to hold them liable for medical malpractice. However, as medical technology advances, patients are beginning to face the risk of medical malpractice from other types of medical facilities like gene testing labs.

The Use Of Gene Testing Labs 

The ability to test patients for certain genetic anomalies has helped revolutionize the way doctors treat diseases. Not only can genetic testing help identify rare conditions in patients, but it can also help parents determine if their unborn children will have genetic conditions. While these labs have helped diagnose many patients, there are legal questions regarding who is responsible when these labs make a mistake.

Increasing Legal Questions

A mother in South Carolina is suing gene testing company Quest Diagnostics and its subsidiary Athena Diagnostics after she discovered the companies made a mistake on her son’s genetic testing that caused a misdiagnosis by the boy’s doctors. Unfortunately, the misdiagnosis led to the boy’s death.

The South Carolina Supreme Court is set to decide whether or not gene testing facilities can be held responsible for medical malpractice, and the court’s decision could have profound implications for patients in other states.

Establishing Accountability

If the South Carolina mother’s lawsuit against Quest Diagnostics proceeds, it would help establish legal accountability for genetic testing facilities. Additionally, the lawsuit would help establish oversight in these types of facilities that could prevent future mistakes.

What Patients Can Do

Whenever there are advances in technology, it can take the law some time to catch up; however, regardless of what technology is used, patients have the right to a certain standard of care. Any healthcare provider or facility that violates this care can be held responsible with the help of an experienced medical malpractice lawyer. If you or someone you loved suffered from any type of Philadelphia medical malpractice, the lawyers at Lopez McHugh LLP can help. Our lawyers can analyze your situation and help you understand your legal options. Contact us today to schedule a free consultation to discuss your case.

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