, senior registrar.
Department of Cardiology B,
Rigshospitalet 2151, DK-2100 Copenhagen Ø, Denmark
twilcke{at}rh.dk
One aspect of the rapid advances in molecular genetics is
the capacity to identify genetic predispositions in a particular individual, where previously we made risk assessments based on aggregate or population observations.
1 2
Specific genetic data on one person unavoidably involve the family. They reveal information not only about the person examined but about their relatives and future children, who may be sick or carriers of the
disease or trait. The proband, the family, and the genetic counsellor
are faced with the problem of communicating news of the high risk for a
genetic disease to healthy (asymptomatic) family members. They are also
faced with making a moral choice between the right of family members to
be privy to this information and their right to "blissful
ignorance."
|
Summary points
Knowledge of a genetic disease in an individual raises issues of
whether and how this information should be communicated to his or her
family
The strategy for approaching and informing at risk relatives should
depend on the genetic disease on whether an unfavourable outcome is
avoidable or not
The initial approach to relatives should be made by the proband and be
supported by information from a genetic counsellor
The proband and counsellor have an obligation to ensure that relatives
are informed about the risk of severe, preventable genetic disease
|
 |
Moral obligations and ethical questions |
Most genetic counsellors believe that family members have a moral
obligation to share genetic information with each other.3 Many counsellors also believe that an uninvited approach to relatives at risk for a genetic disease is ethically questionable, irrespective of the disease. The Danish Ethics Council recently stated that "no
unsolicited approach may be made by the health authorities in the case
of an examination that may show any hereditary disease in the family.
This should also be the case in situations where it can have serious
consequences."4
This recommendation is not in line with the Danish
1
antitrypsin register's long tradition of contacting and informing
directly the relatives of patients with
1 antitrypsin
deficiency of their risk and options for prevention. I believe that the
strategy for approaching and informing relatives who are at risk should
depend on the genetic disease in question. The strategy and the
argument must be different for disorders such as Huntington's
disease
where there is no way of avoiding the outcome
and autosomal
dominant polycystic kidney disease, hereditary hypercholesterolaemia,
or
1 antitrypsin deficiency
where a small change in
lifestyle or similar options can prevent disability and early death.
Kielstein has expressed it thus: "As PKD [polycystic kidney
disease] is one of the abnormalities where careful lifestyle
management can prevent early and avoidable risks, some of them life
threatening, there seems to be a `duty to know' on the side of the
patient, and an `obligation to inform' on the side of the
physician."
5 6
 |
Example: 1 antitrypsin deficiency |
To illustrate my analysis I have chosen to look at a typical case
of
1 antitrypsin deficiency. Nina consults her doctor
because she is becoming increasingly short of breath. She is 35 years old and has smoked 20 cigarettes a day for the past 20 years. Nina's
chest radiograph shows emphysema, her lung function is 35% of
predicted, and a blood sample shows she has severe
1
antitrypsin deficiency
homozygous genotype piZZ. The doctor tells Nina
that
1 antitrypsin deficiency is inherited as an
autosomal recessive disease. The risk of her brother having it is 25%,
and the risk for her children and his children is about 2% (1 in 1600 Scandinavians is homozygous genotype piZZ, and 4-5% are carriers of
piMZ).
7 8
The doctor also tells Nina that the specific
diagnosis of carriers and affected people is easy and
valid,9 and that smoking is the decisive risk factor. The
only certain way to avoid chronic pulmonary insufficiency is to refrain
from smoking. Patients with
1 antitrypsin deficiency who
stop smoking have a reduced annual decline in lung function and
increased survival compared with those who continue to
smoke.10 Symptoms start at around 30-40 years of age, and
median age at death is 50 years for smokers, while survival in never
smokers is the same as that in the normal population.
11 12
 |
The right to know |
Our experience with people in the position of Nina or her brother
is that they wish to communicate and to be given information. Although
many genetic counsellors make an effort to disseminate genetic
information within affected families, they may not make a direct and
unsolicited approach to relatives because they do not know what the
relatives' attitudes are and whether the relatives want to know about
their increased risks.
The Danish Ethics Council states that communicating genetic information
within a family is solely a family matter, and the initiative must come
from the proband. This view is based primarily on a consequentialist
principle that focuses on possible harm to the relatives. "This [an
unsolicited approach] can create undue anxiety on the part of
relatives concerned and, at worst, encroach radically on their lives,
through no wish of their own."4
Weighing up consequences
Knowing about a fate (genetic predisposition) whose likelihood and
time schedule is uncertain and which requires you to make life, family,
and employment/career plans and to tackle problems of reduced
employability and insurability has considerable consequences. Certainly, knowing about
1 antitrypsin deficiency forces
Nina's brother to consider difficult problems and make hard decisions, but it also has positive aspects. Not to inform him might have serious
consequences too, because he might expose himself to smoking, a risk
that could be avoided. If Nina's brother is more than 25 years old and
does not smoke, it is unlikely that he will start. Information about
the risks of
1 antitrypsin deficiency may be of limited
use, except to reassure him that he has little to fear since those who
have never smoked rarely develop severe disease. Nevertheless, the
consequences of an active approach and information policy for someone
in the position of Nina's brother are preferable to the consequences
of remaining in ignorance.
Knowledge is power
Regardless of the consequences for Nina's brother, information
puts him in a position to make his own decisions about smoking, to
attempt to prevent his children and relatives from smoking, and to take
precautions when choosing an occupation. People who know that they have
an appreciably increased risk of disease from smoking are more likely
to stop. This was seen when 67% of Danes registered as having
1 antitrypsin deficiency, genotype piZZ, quit
smoking.12
Doctor knows best...
If, as recommended by the Danish Ethics Council, we decide not to
inform Nina's brother, to prevent him becoming anxious, we are doing
this for his own good. However, the ethics council's reasoning would
prevent the health authority from approaching Nina's brother under any
circumstances, and from ensuring that he is given the information
needed to make his own decisions and choices. The essence of this
policy is that the amount of information given to someone in Nina's
brother's situation should be based on what the ethicist or doctor
think is best for that person. Many people at risk for
1
antitrypsin deficiency would be within their rights to question why
they had not been told (if this were the case) and given the
opportunity to take preventive measures and stop smoking. This question
puts the concept of paternalism and the moral principle of respect for
the patient's autonomy at the centre of the debate on the
patient-doctor relationship and on unsolicited approaches by
counsellors to relatives of probands.
 |
Autonomy and paternalism |
The moral principle of respect for autonomy means respecting
someone's capacity to reflect on preferences and desires and the
decisions they make concerning their own life.17 An
autonomous person should be free to decide to take great risks (for
example, to smoke), however foolish these may be. But he or she should know what assumptions are being made, and should have enough knowledge on which to base decisions. People who expose themselves unwittingly to
risk have not, in any considered way, chosen to take that risk. Smoking
is dangerous for most people, but it is lethal for someone with
1 antitrypsin deficiency. Therefore, to respect his
right to autonomy, the genetic counsellor or Nina must approach Nina's brother and give him the information he needs to make informed decisions. Not ensuring that Nina's brother is told of his increased risk of pulmonary insufficiency shows a complete lack of respect for
him as an autonomous person.
Paternalism is the substitution of one person's judgment for that of
another in what the first considers to be the other's best interest.
If the other person is an autonomous agent, a paternalistic act is also
a denial of their autonomy. When the Danish Ethics Council recommends,
or a doctor decides, to deny Nina's brother the knowledge needed to
make autonomous decisions because they think he should not be made
anxious, they are behaving in a paternalistic way. In the case of
1 antitrypsin deficiency, this form of paternalism would
be very hard to justify, since it would not have the best consequences
for Nina's brother. In
1 antitrypsin deficiency there
is no conflict between respect for autonomy and consequentialist reasons for not informing relatives, whereas the opposite may hold for
Huntington's disease.
 |
The right not to know |
The situation is different if someone has knowingly and freely
stated that they prefer to leave difficult problems aside and do not
want to be informed or approached by a doctor about an increased risk
for this or any disease. In this case, it would be a violation of
autonomy to insist on informing that person, and an act of paternalism
(perhaps justified on occasions) if this were based on a judgment about
what constitutes that person's best interests. With regard to Nina's
brother, therefore, respect would also have to be shown for any wish he
had expressed to remain in ignorance. Usually, there is no way of
knowing a person's wishes ... and if that person is
and remains totally ignorant, they have no opportunity to consider the
problem. If Nina's brother is to be told about the risk of
1 antitrypsin deficiency, we have to approach and inform
him one way or another, without his informed consent to such an
approach. Should we leave him alone or are we in a situation in which
exception to the rule of informed consent is reasonable?
 |
Reasonable judgment |
What would be a reasonable judgment about what a person in the
situation of Nina's brother would prefer? An unsolicited approach to
Nina's brother gives him the possibility of being provided with the
information necessary to make autonomous decisions. In the case of
1 antitrypsin deficiency, it is reasonable to believe that the benefits of knowing outweigh the consequences of knowing. There is little reason to suppose that someone in Nina's brother's situation would prefer to remain in ignorance. Perhaps some people might prefer to live in a "fool's paradise," but without positive evidence of this disposition it is more reasonable to assume the
opposite.
 |
The importance of privacy |
The right to privacy concerns the right to exclude others, a
right not to be scrutinised by others, and the right to control information about yourself that is available to others.13
What is at issue with the right to privacy is people's right to
control information about themselves that comes from themselves. This contrasts with respect for autonomy, where the concern is for people's
right to control information about themselves that comes to
them.14 In the context of an unsolicited approach from a genetic counsellor, privacy often centres on issues such as where the
counsellor obtained personal information. This is reflected in the
questions that are often asked, such as, "Where did you get my name
and address from?"
An unsolicited approach from a counsellor to Nina's brother
constitutes information about him coming to him. The classic
understanding of privacy is not violated by the approach itself and by
handing over some possibly harmful
or at least not very
pleasant
information to him. On the other hand, the right to privacy
means that Nina's brother has the right to determine in what ways and
for what purposes personal information about him is to be used. If the
genetic counsellor asks Nina about her relatives and Nina discloses her
brother's identity, his right to privacy has been violated. The
counsellor now knows that Nina's brother is at increased risk for
1 antitrypsin deficiency. A widely (perhaps) known
family relationship
being Nina's brother
is transformed into
sensitive information when genetic data are added.
To reduce relatives' feeling of having their privacy violated,
counsellors at the Danish register never make inquiries about relatives
through any public register, but always through a written request to
the proband. Probands are asked to inform their relatives of an
approach, in advance if possible, so that everyone involved has an
opportunity to stop this, and it is emphasised that no one is obliged
to give any information to the register.
 |
Who should approach relatives? |
Some probands may prefer to inform at risk relatives themselves,
while others prefer a health professional to contact relatives directly. Furthermore, some probands cannot or do not want to inform
relatives themselves because of physical limitations or difficult
relationships with family members.
In considering this issue the unofficial national council of bioethics
in the United Kingdom,14 the Nuffield Council of Ethics,
has stated that "the primary responsibility for communicating genetic
information to a family member or third party lies with the individual
and not with the doctor, who however may do this on request of the
person concerned."15 In the case of preventable diseases
such as lung insufficiency due to
1 antitrypsin
deficiency, I believe that both the proband and the genetic counsellor
have an obligation to ensure that relatives are informed. The preferred way of informing relatives is by an initial approach from the proband
supported by counselling and written information from the genetic
counsellor.
Both the approach by the genetic counsellor and the proband have
positive and negative aspects. I believe that direct genetic counselling of those involved is the best way of providing reliable information independently of personal/family preferences, and ensures
that most people at risk are able to exercise their right to autonomous
decisions. However, experience from the United States is frightening:
entirely asymptomatic people labelled (possibly erroneously) as having
a genetic predisposition are faced with discrimination, such as
inability to get a job, health insurance, or life insurance; inability
to change jobs or move to another state because of the risk of losing
insurance; and not being allowed to adopt children.16 Such
social discrimination can be avoided if the proband is able to keep the
genetic knowledge within the family.
 |
In conclusion |
My conclusion is that Nina's brother should be informed. Both
Nina and the genetic counsellor should ensure that he is approached and
told about his increased risk of pulmonary insufficiency due to
1 antitrypsin deficiency and smoking, unless they have
good evidence to suggest that he would not want to be told. The initial approach to relatives should preferably be made by the affected family
member, and should be supported by written information through a
personal mailed letter from the register or, less officially, through
the proband; personal genetic counselling of all family members who
might want it; and easy and free access to testing.
In theory, it seems fair to change and limit the Danish
register's approach to those relatives who would benefit from a change in lifestyle, such as avoiding smoking. However, non-smokers too may
have an interest in being informed so that they can prevent their
children, if any, from smoking. The results of a continuing interview
and questionnaire study of affected families and a randomly selected
control population are awaited before any changes in policy are made.
 |
Acknowledgments |
Funding: None.
Conflict of interest: None.
 |
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(Accepted 16 April 1998)
© BMJ 1998