Climate Change Project

Table of Contents



<< >> Up Title Contents

Consent Under the International Codes

The core value of both international codes is that medical research cannot be performed without the freely given (uncoerced) consent of the potential subjects. In a refinement of the Nuremberg Code, the Declaration of Helsinki distinguishes between therapeutic and nontherapeutic research, requiring the physician to exercise special care in performing research that cannot personally benefit the patient. Legally, informed consent shifts the risk of nonnegligent injury to the patient in therapeutic research. In nontherapeutic research, however, it is arguable that the physician-experimenter is strictly liable (regardless of negligence) for injuries to the patient. This distinction is reflected in the federal regulations with the requirement that the risk of the experiment be compared to both the benefits to the patient and to society.

<< >> Up Title Contents

Law and the Physician Homepage
Copyright 1993 - NOT UPDATED

The Climate Change and Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster

Provide Website Feedback - https://www.lsu.edu/feedback
Privacy Statement - https://www.lsu.edu/privacy
Accessibility Statement - https://www.lsu.edu/accessibility