ALBANY – A Judge in Albany has refused to order genetic testing of a young medical malpractice plaintiff to determine if the boy’s learning disabilities and behavioral problems resulted from the hydrocephalus that doctors allegedly failed to diagnose, or his DNA.
“This proposed use of genetic testing is, in the New York State Courts, unprecedented,” Supreme Court Justice Joseph Teresi (See Profile) wrote in Rogers-Duell v. Chen, 2013 NY Slip Op 32759. “While DNA testing for identification purposes is ubiquitous, Defendants’ proposed testing, to determine the genetic cause of a disability, is uniquely novel.”
