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Home / Opinion Digests / Tort/Negligence / Tort/Negligence – Genetic Testing – Ordinary Negligence Claim – Medical Malpractice – Statute of Repose (access required)

Tort/Negligence – Genetic Testing – Ordinary Negligence Claim – Medical Malpractice – Statute of Repose (access required)

In an effort to avoid the six-year statute of repose applicable to medical malpractice claims, plaintiff contends that the defendant-genetic testing company committed ordinary negligence by failing to update its classification list to reflect that a genetic variant found in plaintiff’s decedent was pathogenic. It is true that, before the decedent’s test, some literature suggested ...

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