A Buoy Named Sue: Can MDs Navigate Lab-Test Market While Fearing Litigation?

More than half of respondents to a physician survey said they had delayed adopting a "medical innovation" due to fear of being sued. But this same fear could have the opposite effect on lab tests.

Full-text access for registered users only. Existing users login here.
New to GenomeWeb? Register here quickly for free access.

The reality is that the

The reality is that the standard of care must be that if one starts a patient on Plavix and fails to order the CYP2C19 genetic test, and the patient suffers an MI caused by a clot because the patient was a poor metaboliser and the Plavix was ineffective and other alternative anti-platelet therapy was not used, IMHO there is absolute liability for malpractice. There is no question in my mind that the FDA's black box warning establishes a standard of care as good if not better than a medical guideline. The warning does not have to be mandatory for liability to attach.