Genetic Testing - A Bite-Sized Update for Clinical Negligence Lawyers

Introduction

There has been a revolution in genetic testing over the past decade. Technological advances have greatly increased the scope and use of testing and it is now faster and cheaper.

These developments are beginning to ripple out to clinical negligence litigation. Genetic testing may have a significant impact in cerebral palsy cases, for example, as recent studies have shown genetic causes in up to one quarter of patients.

Where a defendant seeks permission for genetic testing, the courts are required to conduct a sensitive balancing exercise between the claimant’s Article 8 rights and the Article 6 rights of the defendant to defend himself.

This webinar will set out the recent case law on genetics in clinical negligence - Paling (A Child) v Sherwood Forest Hospitals NHS Foundation Trust - as well as the presenter’s own experience of arguing this point.

After this session, participants will better understand and be able to put forward pragmatic solutions which are likely to be accepted by the courts where genetic evidence is an issue.

What You Will Learn

This webinar will cover the following:

• Why defendants seek permission to obtain genetic test evidence
• What’s the issue? Why the court is cautious about granting permission
• How the court decides if genetic test evidence should be permitted
• Factors to highlight when applying or when responding to an application
• A worked example, with a suggested ‘compromise position’ used effectively in one of the presenter’s recent cases

This webinar was recorded on 21st September 2022