Trending Away from Medical Monitoring?


In conclusion, the law applicable to claims for medical monitoring has developed substantially since the first case of Friends For All Children. While the trend over time has been to recognize their availability through traditional tort law or new causes of action, there is now a growing trend toward non-recognition prompted by the concerns articulated by the Supreme Court in Buckley, supra. An interesting trend is also currently under foot toward non-recognition based on recent developments in the science showing that the risks of monitoring in many instances far outweigh the potential benefits. No doubt, credible studies establishing that the risks of monitoring greatly outweigh the benefits to be derived there from would be expected to have a further chilling effect on the trend begun in Friends For All Children. We will have to wait and see how these studies ultimately play into the law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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