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Clinical Ethics and Family Morality

through no action of his own. (If it were otherwise, anyone who could afford to give more to those in dire need would be harming them, and intervening Robin Hoods would be vindicated). In this respect Doukas’s and Berg’s cases represent a deep disanalogy with Tarasoff and public health law, and more of an analogy with “good Samaritan” laws—or rather, the lack of them. The state is notoriously reluctant to mandate that individuals help others in need. This remains true however dire the need and however easily the help could be provided. Thus, while their behavior was monstrous and inexcusable, no one was legally culpable (nor, in my view, were they guilty of a rights violation) in the celebrated case some years ago in which Kitty Genovese was raped and murdered in the street, while screaming loudly enough to attract the attention of 38 people, all of whom watched from their apartment windows but failed to come to her rescue, or even to call 911. For these reasons I conclude the Cancer Genetics Studies Consortium is correct in holding that third parties have no claim on a patient’s conadential medical information, unless the patient grants them access.