Private Law Theory

Introduction:
Imagine your doctor tells you that a procedure involving removal of spinal fluid is necessary to diagnose your recurring headaches. He does not tell you — nor do you inquire about — the risks involved in the intervention, which include a very small risk of permanent partial paralysis. Unfortunately, paralysis occurs. American courts have established a rule of consent that provides that the physician has an affirmative duty to disclose the material risks inherent in the proposed therapeutic treatment or surgery. Thus, among other claims, you have a common law right to recover against the physician for failure to provide adequate informed consent. Now imagine that, instead of seeking care from your physician, you have decided to become a participant in a research protocol that is intended to study the cause of recurring headaches … (more)

Koch, Valerie Gutmann (2015) “A Private Right of Action for Informed Consent in Research”, Seton Hall Law Review, Volume 45, Issue 1, Article 4.

First posted 2015-02-09 12:58:41