The Legal Implications of Detecting Alzheimer's Disease Earlier

Joshua Preston; Jaleh McTeigue; Caitlin Opperman; Jordan Dean Scott Krieg; Mikaela Brandt-Fontaine; Alina Yasis; Francis X Shen

doi:10.1001/journalofethics.2016.18.12.hlaw1-1612

The Legal Implications of Detecting Alzheimer's Disease Earlier

AMA J Ethics. 2016 Dec 1;18(12):1207-1217. doi: 10.1001/journalofethics.2016.18.12.hlaw1-1612.

Authors

Joshua Preston¹, Jaleh McTeigue, Caitlin Opperman², Jordan Dean Scott Krieg³, Mikaela Brandt-Fontaine³, Alina Yasis³, Francis X Shen⁴

Affiliations

¹ Research assistant in the Shen Neurolaw Lab at the University of Minnesota Law School in the Twin Cities, and a research fellow at the Center for Science and Law at Baylor College of Medicine. His work focuses on the intersection of law, neuroscience, and public policy.
² Research assistant in the Shen Neurolaw Lab at the University of Minnesota Law School in the Twin Cities.
³ Research assistant in the Shen Neurolaw Lab at the University of Minnesota in the Twin Cities.
⁴ Associate professor of law at the University of Minnesota in the Twin Cities, where he also serves as director of the Shen Neurolaw Lab, and executive director of education and outreach for the MacArthur Foundation Research Network on Law and Neuroscience and a faculty member at the Center for Law, Brain and Behavior at Massachusetts General Hospital.

PMID: 28009247
DOI: 10.1001/journalofethics.2016.18.12.hlaw1-1612

Abstract

Early detection of Alzheimer's disease (AD) raises a number of challenging legal questions. In this essay, we explore some of those questions, such as: Is a neurological indicator of increased risk for AD a legally relevant brain state before there are any outward behavioral manifestations? How should courts address evidentiary challenges to the admissibility of AD-related neuroimaging? How should the government regulate the marketing of neuroimaging diagnostic tools? How should insurance coverage for the use of these new tools be optimized? We suggest that many voices and multidisciplinary perspectives are needed to answer these questions and ensure that legal responses are swift, efficient, and equitable.

MeSH terms

Alzheimer Disease / diagnosis*
Alzheimer Disease / diagnostic imaging
Behavior
Biomarkers
Brain / diagnostic imaging*
Early Diagnosis
Humans
Insurance Coverage
Judicial Role*
Marketing
Neuroimaging / methods*
Risk Assessment

Substances

Biomarkers