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Moral Gridlock: Conceptual Barriers to No-Fault Compensation for Injured Research Subjects

Published online by Cambridge University Press:  01 January 2021

Leslie Meltzer Henry
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Extract

The federal regulations that govern biomedical research, most notably those enshrined in the Common Rule, are a product of their time. Born in the aftermath of wartime atrocities committed by Nazi doctors, and influenced by domestic research scandals like the Willowbrook and Tuskegee studies, the regulations express a protectionist ethos aimed at safeguarding subjects of human experimentation from the potential harms of research participation. Requirements for informed consent, risk minimization, equitable subject selection, and peer review of proposed research rest on the presumption that the research enterprise owes subjects a duty of protection.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 41 , Issue 2 , Summer 2013 , pp. 411 - 423
Copyright
Copyright © American Society of Law, Medicine and Ethics 2013

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References

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