Whether a physician has a legal duty to warn family members or anyone else of a patient's genetic status is still uncertain, and two higher court rulings illustrate division in the courts. In both cases, children suffering from genetic diseases sued their parents' physicians for a failure to warn them of their risks. In Pate v. Threlkel (1995), the Florida Supreme Court ruled that a physician is only required to inform a patient that a disease she/he has is genetically transferable. While the court said that a patient's children do fall under a physician's duty to warn, that duty is satisfied by telling the patient alone. Conversely, in Safer v. Estate of Pack (1996), the Superior Court of New Jersey reversed a lower court decision, ruling that a physician has the duty to warn not only his patient of the genetic nature of a disease, but also members of that patient's immediate family who might be harmed by a failure to warn. Significantly, the court concluded that the threat of harm of not disclosing a genetic disease was not significantly different from the threat of infection from contagious disease.
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