Article Text

PDF
Paper
Waiving legal rights in research
  1. David B Resnik1,
  2. Efthimios Parasidis2
  1. 1NIEHS/NIH, Research Triangle Park, North Carolina, USA
  2. 2Moritz College of Law and the College of Public Health, Ohio State University, Columbus, Ohio, USA
  1. Correspondence to Dr David B Resnik, NIEHS/NIH, Box 12233, Mail Drop CU 03, Research Triangle Park, NC 27709, USA; resnikd{at}niehs.nih.gov.

Abstract

The US federal research regulations prohibit informed consent, whether written or oral, from including provisions in which human subjects waive or appear to waive legal rights. We argue that policies that prevent human subjects from waiving legal rights in research can be ethically justified under the rationale of group, soft paternalism. These policies protect competent adults from making adverse decisions about health and legal matters that they may not understand fully. However, this rationale is less defensible if there is a comprehensive compensation for injury programme available in which subjects are asked to waive some legal rights in order to participate in the programme. In this situation, subjects should be allowed to waive some legal rights to obtain the benefits of the programme.

  • Informed Consent
  • Legal Aspects
  • Research Ethics
  • Tort Law
  • Paternalism

Statistics from Altmetric.com

Request permissions

If you wish to reuse any or all of this article please use the link below which will take you to the Copyright Clearance Center’s RightsLink service. You will be able to get a quick price and instant permission to reuse the content in many different ways.