Gene Testing

[schwartz]

What is the name of your state? Wisconsin My friend had a Huntington's Disease gene tested in 2002, it came back positive. She was adopted, and had no knowledge of this disease. They never explained this disease to her, never offered her gene counseling, and she never signed an informed consent form, which is required to perform this test.

In fact according to the lab who did this test, there own lab policy requires gene counseling be offered and an informed consent be signed, or this test should not be done

She had no insurance before, and with this diagnoses is cannnot get insurance

Can she sue this lab who perfomed this test without having her sign the informed consent

[ellencee]

schwartz
And she was significantly damaged--HOW? It isn't the lab testing or lack of gene counseling or any other medical procedure that made her uninsurable; being uninsurable is due to her having Huntington's and she should be glad she was diagnosed so that she can receive proper treatment.

If she is thinking that but for the tests she could have obtained insurance, sooner or later she would have been found to have fraudulently applied for insurance. Her medical records will contain the MD's impression of the need to rule-out Huntington's.
EC

[schwartz]

I hear what you are saying, but I disagree with your response.

First of all you do not know anything about Huntingtons Disease

There are no treatments, None, zero nada. No drugs, no meds

The brain and all of your muscles slowly dissintegrate leaving a person completely disabled not being able to care for themselves and cannot swallow, or even speak

This is why there is gene couseling as some people do not want a death sentence thrown at them and alot of people do not go back for the answer as sometimes they do not want to know

This women never had the chance to learn about the disease and make up her mind if she wanted a death sentence thrown at her

[ellencee]

schwartz
Direct your anger elsewhere, like in family counseling for those affected by a loved one's diagnosis with Huntington's. You aren't going to make it through this without some help and the woman in question is going to need all of the positive, therapeutic support she can get. Anger and denial is going to make her disease progression much worse than it needs to be.

She may not have wanted a 'death sentence' thrown at her, but she surely was going to know there was a reason she couldn't walk, talk...well, at least until she lost the ability to think and to reason, she was going to know something was quite the hell wrong with her.

EC

[schwartz]

I would appreciate if you would not reply to this any more

No one here is angry and to suggest we need counseling for anger management is ludicrous

Maybe you need some training in how to reply to people on this website

I thought people could get some valid answers to legal questions not be lambasted by someone who has no compassion for a human being who suffers from a horrible disease like HD.

Please do not respond to this anymore

[ellencee]

Can't help it, but at least it's not to you...
OK--someone tell this guy what he wants to hear--that the woman wouldn't have Huntington's if the lab tests hadn't been done and she would be fully insurable if it weren't for that damn doctor and the lab.

EC

[BelizeBreeze]

This women never had the chance to learn about the disease and make up her mind if she wanted a death sentence thrown at her

I thought people could get some valid answers to legal questions not be lambasted by someone who has no compassion for a human being who suffers from a horrible disease like HD.

These two responses show that you have absolutely no idea what you're talking about.

Huntington's Corea is indeed a degenerative disease that affects the central nervous system. And while it will not show up in a routine medical exam required for all insurance carriers before underwriting the policy, once your 'friend' began to show signs of the disease it most likely would not have been covered at any rate.

Also, your petty responses to Ellen are disgusting and not worthy of this forum. She answered you correctly regarding the LEGAL aspects of any claim your 'friend' might believe she has.

Simply put, your 'friend' has no legal claim for anything. She has suffered no 'damages' compensible by law, has not been harmed and cannot show any other claim that under theory of law gives her standing to sue anyone.

So now you can direct your petty bs towards me. Because frankly, I don't give a rat's ass about you or your friend. At least she is still on this earth, albeit, for a limited time.

At least you'll have the opportunity to say goodbye.