I doubt a court would hold a doc responsible for something that wasn't available 20 years ago, but my concern is that nowadays, it is impossible to keep track of what new gene has been mapped and linked to a disease, and what surrogate marker tests are available through a lab in Oklahoma, and I fear docs will he held to that standard. Like I mentioned, one doc at the conference gives his patients a letter saying that anything in the world basically, may be hereditary, so talk to your kids. Probably wouldn't hold water in court, and is ridiculous on it's own merits, but the fact the system has encouraged someone to even entertain such a strategy speaks volumes.
I think the courts should go back at start at about 1940....and deal with the ethical questions that that vintage of technology posed. Once they're answered, start moving forward, and by the time they get to current events, we'll all be outta here! ;-)