Featured Research

from universities, journals, and other organizations

'Genetic predisposition' argument in Canadian courts may diminish influence of other factors

Date:
May 24, 2011
Source:
Canadian Medical Association Journal
Summary:
Using genetic predisposition as a factor in medical conditions presented in Canadian legal cases may diminish the impact of occupational, environmental and social factors in determining health claims, particularly workplace claims, according to a new analysis.

Using genetic predisposition as a factor in medical conditions presented in Canadian legal cases may diminish the impact of occupational, environmental and social factors in determining health claims, particularly workplace claims, states an analysis in CMAJ (Canadian Medical Association Journal).

Related Articles


Genetic predisposition was cited in 468 legal cases, particularly in labour law, in every province in Canada and the Yukon Territory. The most common references were to conditions affecting the musculoskeletal system (188 cases), such as osteoarthritis, degenerative disc disease and carpal tunnel syndrome. Mental health conditions (100 cases), especially mood disorders, schizophrenia, and alcohol and drug abuse, were the next most common.

The use of this argument is especially prevalent in workers' compensation cases (339).

"Although increased communication of genetic information among scientists, clinicians, patients and family members can increase understanding and possibly mitigate the effects of genetic conditions, this is not the reason for presenting genetic information in courts and tribunals," writes Professor Roxanne Mykitiuk, Osgoode Hall Law School, York University and Dr. Jeff Nisker, Schulich School of Medicine and Dentistry, University of Western Ontario, London, Ont., with coauthors. "Rather, genetic information is usually presented to substantiate the claim that an employee's health problem is related to a genetic predisposition instead of an occupational injury. These cases are often workers' compensation appeals tribunals, where the burden of proof of an occupational cause for a condition rests with the employee."

However, the people hearing the information may lack the expertise to adequately interpret the complexity and nuances of the genetic information.

"This is of particular concern given that most of the cases in which genetic predisposition was cited involved conditions affecting the musculoskeletal system and mental health -- conditions for which there are nongenetic causes, such as repetitive motion or socioeconomic factors," state the authors.

However, neither employment nor insurance discrimination was raised in any of the Canadian cases available on electronic databases.

"Although it is encouraging that we found no cases of genetic discrimination in Canadian courts and tribunals, future monitoring is required," conclude the authors.


Story Source:

The above story is based on materials provided by Canadian Medical Association Journal. Note: Materials may be edited for content and length.


Journal Reference:

  1. Roxanne Mykitiuk, Mark Pioro, Lilith Finkler, and Jeff Nisker. The potential for misusing 'genetic predisposition' in Canadian courts and tribunals. Canadian Medical Association Journal, 2011; DOI: 10.1503/cmaj.110260

Cite This Page:

Canadian Medical Association Journal. "'Genetic predisposition' argument in Canadian courts may diminish influence of other factors." ScienceDaily. ScienceDaily, 24 May 2011. <www.sciencedaily.com/releases/2011/05/110524124043.htm>.
Canadian Medical Association Journal. (2011, May 24). 'Genetic predisposition' argument in Canadian courts may diminish influence of other factors. ScienceDaily. Retrieved January 31, 2015 from www.sciencedaily.com/releases/2011/05/110524124043.htm
Canadian Medical Association Journal. "'Genetic predisposition' argument in Canadian courts may diminish influence of other factors." ScienceDaily. www.sciencedaily.com/releases/2011/05/110524124043.htm (accessed January 31, 2015).

Share This


More From ScienceDaily



More Health & Medicine News

Saturday, January 31, 2015

Featured Research

from universities, journals, and other organizations


Featured Videos

from AP, Reuters, AFP, and other news services

CDC: Get Vaccinated for Measles

CDC: Get Vaccinated for Measles

Reuters - US Online Video (Jan. 30, 2015) The CDC is urging people to get vaccinated for measles amid an outbreak that began at Disneyland and has now infected more than 90 people. Linda So reports. Video provided by Reuters
Powered by NewsLook.com
Obama To Outline New Plan For Personalized Medicine

Obama To Outline New Plan For Personalized Medicine

Newsy (Jan. 30, 2015) President Obama is expected to speak with drugmakers Friday about his Precision Medicine Initiative first introduced last week. Video provided by Newsy
Powered by NewsLook.com
NFL Concussions Down; Still on Parents' Minds

NFL Concussions Down; Still on Parents' Minds

AP (Jan. 30, 2015) The NFL announced this week that the number of game concussions dropped by a quarter over last season. Still, the dangers of the sport still weigh on players, and parents&apos; minds. (Jan. 30) Video provided by AP
Powered by NewsLook.com
U.S. Wants to Analyze DNA from 1 Million People

U.S. Wants to Analyze DNA from 1 Million People

Reuters - US Online Video (Jan. 30, 2015) The U.S. has proposed analyzing genetic information from more than 1 million American volunteers to learn how genetic variants affect health and disease. Rough Cut (no reporter narration). Video provided by Reuters
Powered by NewsLook.com

Search ScienceDaily

Number of stories in archives: 140,361

Find with keyword(s):
Enter a keyword or phrase to search ScienceDaily for related topics and research stories.

Save/Print:
Share:

Breaking News:

Strange & Offbeat Stories


Health & Medicine

Mind & Brain

Living & Well

In Other News

... from NewsDaily.com

Science News

Health News

Environment News

Technology News



Save/Print:
Share:

Free Subscriptions


Get the latest science news with ScienceDaily's free email newsletters, updated daily and weekly. Or view hourly updated newsfeeds in your RSS reader:

Get Social & Mobile


Keep up to date with the latest news from ScienceDaily via social networks and mobile apps:

Have Feedback?


Tell us what you think of ScienceDaily -- we welcome both positive and negative comments. Have any problems using the site? Questions?
Mobile: iPhone Android Web
Follow: Facebook Twitter Google+
Subscribe: RSS Feeds Email Newsletters
Latest Headlines Health & Medicine Mind & Brain Space & Time Matter & Energy Computers & Math Plants & Animals Earth & Climate Fossils & Ruins