Law Commons^™

Science Fact Or Science Fiction? The Implications Of Court-Ordered Genetic Testing Under Rule 35, Anthony S. Niedwiecki

Publications

This article proposes an analysis for courts to follow when faced with a Rule 35 motion to compel a party to undergo genetic testing or any other procedure that tests for a specific medical condition.

Part I explains the analysis courts generally conduct for a Rule 35 motion. Generally, courts make a factual inquiry into whether there is a need for the procedure and whether the examinee has placed his or her physical or mental condition in controversy. Rarely have courts examined the risks associated with ordering an examination. When courts do examine the risks, they continue to show a …

Adverse Impact Of Predisposition Testing On Major Life Activities: Lessons From Brca 1/2testing, Katherine A. Schneider

Journal of Health Care Law and Policy

No abstract provided.

Wrongful Birth And Wrongful Conception: A Parent's Need For A Cause Of Action, Mary B. Sullivan

Journal of Law and Health

The purpose of this note is to demonstrate the need for wrongful birth and wrongful conception claims. Arguments have been made that these claims should be combined into one cause of action. The rationale for this argument is that by combining the two claims, chaos in the courts will be reduced. This note will show the need to maintain these claims as separate from one another. This note also demonstrates the proper stance of the courts in rejecting the wrongful life cause of action. Part II of this note gives an overview of medical malpractice and the claims of wrongful …