The broad-ranging and potentially revolutionary scope of personalized medicine has been well established and acknowledged universally. The notion of personalized medicine can be summarized as the medical model relying on characterization of individual patients’ phenotypes and genotypes (e.g. the centerpiece of this article applied to breast cancer, molecular profiling, medical imaging, lifestyle data) for the ultimate purpose of configuring and modulating the most effective therapeutic pathways for any given individual patient with the right timing; personalized medicine as a prognostic avenue can identify and assess the predisposition to disease in order to delineate timely and individually outlined prevention strategies [
215]. Such practices are extremely promising as far as the development of novel therapeutic avenues options is concerned, tailored to each patient’s genetic make-up for maximum effectiveness. Such a breakthrough however is bound to give rise to a host of challenges from the legal, ethical, social and policy-making perspectives in order to guarantee the necessary standards of fairness, equitable access and non-discrimination among others [
65,
216]. New criteria need to be developed for the effective and equitable governance of personalized medicine, which must take into account key aspects such as individual privacy, the risk of stratification and discrimination of sub-populations segments on the basis of ethnicity, equal access opportunities, and how to ensure oversight for the fair allocation of funding [
217]. As personalized medicine practices expand and further develop, they are likely to become increasingly mainstream, which will make ethical, legal and social implications all the more urgent to deal with, in order to guarantee te ethically sound implementation of such a major scientific breakthrough, which in conjunction with other technologies such as big data analysis and artificial intelligence has the potential to change healthcare at its very core [
218]. Major European institutions have proven fully aware of such looming changes. The potential of personalized medicine has in fact been recognized in two highly relevant policy papers, focused on oncological diagnostics or therapeutics, advocating for personalized medicine to be fully harnessed and gradually implemented on a large scale for the sake of patients [
219,
220], despite the lingering difficulties linked to the still high level of uncertainty regarding outcomes [
221]. The EU papers outline the key factors that can be instrumental in fulfilling the potential of personalized medicine, primarily a thoroughly structured, synergistic conjunction of health data and new technologies, in order to lay the groundwork for the comprehensive and well-balanced development of personalized medicine techniques [
222]. The considerable potential of personalized and precision medicine to offer valuable oncological treatment options will be fulfilled through the elaboration of prevention and treatment pathways which will allow patients and doctors to identify the best-suited and most effective therapeutic course. Overall, such novel tailored approaches are likely to benefit healthcare systems to a substantial degree too, especially by reducing wasteful spending on trials and ineffective treatments and streamlining resource allocation more efficiently. In 2022, the EU plans took it upon itself to put in place new measures meant to make the most out of new innovative technologies based on AI, big data, and genomics. It is worth mentioning in that regard the so-called European Cancer Imaging Initiative, designed to implement and optimize the delivery of personalized medicine and innovative approaches through the application of new computer-aided tools [
223,
224]. Also deserving attention is the new Partnership on Personalized Medicine (also known as EP PerMed), phased in 2023 and funded by the EU’s chief funding program aimed at fostering research and development, Horizon Europe, which can rely on a budget of €95.5 billion. Among its priorities, EP PerMed is set to find common ground projects for public and private sector stakeholders, in order to define key objectives to direct research funding, harmonize the current broad range of personalized medicine approaches and strategies, develop new effective training blueprints, and support policy-makers. Just as importantly, it is considered a priority to provide support for longer life expectancy by increasing healthy life years and to contribute to guarantee the sustainability of each member state’s healthcare system [
225].Through a multidisciplinary concerted effort, EP PerMed will ultimately outline fundamental priorities to further research and education in personalized medicine, in addition to fostering cancer prevention, diagnosis, and therapeutic research endeavors. Rationalizing the implementation of personalized medicine by defining the roles of all parties involved in research, policy-making, industry and society at large will be vital for the purpose of ensuring such novel techniques and processes do not lose sight of the interests and rights of everyone, thus guaranteeing an ethically viable use for maximum benefit.
It will be ultimately essential to be able to rely on a clean-cut a set of criteria for the definition, delivery and oversight of personalized medicine-based approaches to be transposed in clinical and medical research settings. Other than the EU initiative, it is noteworthy how such a set of goals had already been acknowledged by the International Consortium for Personalized Medicine (ICPerMed), started in November 2016 [
226,
227]. The ICPerMed has laid out and described quite thoroughly the distinctive traits and features of personalized medicine and what it will finally come down to: the natural evolution of healthcare in the dawning age of biotechnology and big data. Such a broad-ranging breakthrough however certainly requires comprehensive adjustments and restructuring in the very modalities and processes through which healthcare is delivered. To that end, large-scale implementation calls for emphasizing training and new sets of skills for healthcare professionals, which will be able to rely on novel means and instruments to deliver care to their patients [
228]. The path undertaken by the ICPerMed has been aided and supervised by European and international expert and specialist consultants in key research areas, who have greatly contributed to defining and weighing the opportunities and pitfalls posed by personalized medicine and identifying any particular concerns and management challenges [
229]. To that end, as a preliminary step towards launching the partnership, the European Commission is set to outline a road map laying out in detail tailored preventive strategies and approaches [
230]. The very real possibility that data may in all likelihood change healthcare at its core has been recognized and assessed by established European policies, both at the individual patient level and insofar as healthcare systems are concerned (the European Alliance for Personalized Medicine has issued in that respect a rather compelling report titled “Cooperating on Data: The Missing Element in Bringing Real Innovation to Europe’s Healthcare System” [
231]). It is in fact worth considering that clinical studies, diagnostic results, medical records and patient information are but a part of the data sources available in healthcare. Completing the full transition towards the digitization of patient records is poised to be a major contributing factors in this highly consequential breakthrough. Comprehensive digital archives from which to collect and elaborate big data will be of utmost importance to that end. Data drawn from digital applications, wearable devices, and social media, will also be instrumental at providing information on environment- and lifestyle-related factors, socio-demographics, genomics, metabolomics, proteomics, radiomics, standardized electronic health records, or precision medicine platforms [
232,
233]. In order to outline an ethically and legally sound path towards the large-scale implementation of personalized medicine, it is necessary to streamline and optimize key aspects suchas the management of biobanking and informed consent, confidentiality [
234], access to treatment, clinical translation, and direct-to-consumer genetic testing. In addition, the stratification and genetic discrimination of sub-populations based on ethnicity will have to be prevented through the introduction of targeted measures [
235,
236]. Other hurdles which have been pointed out and need to be addressed have to do with the insufficient level of genetic literacy and substandard comprehension of personal and familial implications of germline and somatic genomic testing among patients, which may negatively affect the informed consent process [
237]. An element of inequality may arise from each patient’s socioeconomic status, healthcare insurance policy (or level of coverage by the national healthcare system), and cancer care facilities [
238]. Even though patients residing in countries with publicly funded universal healthcare are less likely to be affected by access inequalities, such systems often limit public coverage to treatments and techniques of already established efficacy [
239]. In addition, seeking the highest possible degree of harmonization will prevent “healthcare tourism” practices, i.e. patients with adequate financial means traveling to countries where any given procedure is legally available [
240,
241]. Personalized medicine and its wide-ranging clinical applications will have to rely on full validation in terms of their efficacy and safety, and such a process will likely need larger study samples compared to more conventional procedures whose clinical value has already been acknowledged. That in turn may mean that personalized medicine techniques and therapeutic approaches may take longer to be acknowledged as fully evidence-based and approved for large-scale use [
242]. Such implications can negatively affect the fair and equitable allocation of healthcare funding. The already mentioned European Union Communication issued in 2022 [
219] in fact points to legal and ethical criteria as potentially difficult barriers to overcome, for the purpose of harnessing personalized medicine and the European Digital Strategy to their full capabilities. That principles holds true for many different innovations which open up new prospects, for instance, for transplant patients through regenerative medicine [
243,
244]. Lawsuits arising from negligence and malpractice charges [
245] will probably become increasingly common as personalized medicine techniques do as well [
246]. That however entails that medical procedures grow more complex, and as they do, the risk of litigation resulting from alleged medical malpractice will be ever more substantial [
246]. The parties that could be held liable in such instances are not only the healthcare professionals implementing diagnostic and therapeutic actions, but range from manufacturing firms of genome sequencers and medical devices, laboratories, pharmaceutical companies, and healthcare facilities. The legal concept at the core of “genetic malpractice” is in fact the doctors’ failure to identify or accurately interpret genetic testing. Such error-prone dynamics can be complicated even more by the lingering differences in the medical research community about the values, scope and timing of genetic testing when defining prognostic and therapeutic pathways, or whether such testing should be considered and carried out at all, and under what circumstances [
227,
246,
247]. Research findings and case-law [
245,
246,
247] are still inconclusive at this stage as to how and to what extent these new litigation profiles linked to clinical genomics-based personalized medicine will impact healthcare professionals and facilities. A major factor in determining how such legal actions end is surely the specific set of conditions, environmental and contributing factors specific to each case, in addition to the legal strategies chosen by plaintiffs, counselors, expert witnesses, and magistrates [
248]. It appears therefore quite plausible that judicial decisions at first will have a major impact on the future incidence, sustainability, and frequency of such actions. Medical and legal analysts will in fact weigh such rulings and adjust their management and use of such techniques accordingly, by putting in place all necessary safeguards [
249,
250]. Current uncertainty makes it all the more urgent to rely on harmonized and widely agreed upon legislative, regulatory, and policy criteria, to be incapsulated in evidence-based guidelines and best practices specifying when and where genetic testing may be advisable, or even necessary, and when it is not (at least with the current level of knowledge) [
251]. Such a degree of objectivity will provide valuable guidance based on sound scientific and clinical elements which will inform court decisions, thus protecting physicians and healthcare professionals from malpractice lawsuits which are often frivolous and harm the quality of care for everyone [
252].