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|Resource Type=Cases
 
|Resource Type=Cases
 
|Title=Legal Liabilities in Research: Early lessons From North America
 
|Title=Legal Liabilities in Research: Early lessons From North America
|Is About=The legal risks associated with health research involving human subjects have been highlighted recently by a number of lawsuits launched against those involved in conducting and evaluating the research<ref>Shaul, Randi Zlotnik, Shelley Birenbaum, and Megan Evans. "Legal liabilities in research: early lessons from North America." ''BMC medical ethics'' 6.1 (2005): 4.</ref>. This is a factual case.
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|Is About=This resource describes the broad range of allegations that can be made against researchers involved in human subjects research, through reference to case law from North America. What unifies these cases described is that, first, a wide range of defendants were named, including principal investigators,  university trustees, hospital administration, and medical school leadership. Second, these cases utilized higher standards for researchers than the medical malpractice standards commonly used in clinical settings. Finally, the authors note that these three cases are unusual in that they were argued in court; the majority of research-related cases are settled prior to trial. The article concludes that, although limited, this body of case law informs researchers on specific areas of vulnerability and precautions they must take to minimize legal liability.  
 
<references />
 
<references />
|Important Because=Some of these cases have been fully addressed by the legal system, resulting in judgments that provide some guidance<ref>Shaul, Randi Zlotnik, Shelley Birenbaum, and Megan Evans. "Legal liabilities in research: early lessons from North America." ''BMC medical ethics'' 6.1 (2005): 4.</ref>.<references />
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|Important Because=This resource is helpful for researchers interested in knowing their legal liability, the range of actors who may pursue legal action against them, and specific areas of practice where they may face lawsuits. It may also be helpful for researchers' legal representation as a way to begin familiarizing themselves with case law.<references />
|Important For=researchers
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|Important For=researchers; Industry; Administrators; Research institutions; Universities
 
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Latest revision as of 15:13, 19 October 2020

Cases

Legal Liabilities in Research: Early lessons From North America

What is this about?

This resource describes the broad range of allegations that can be made against researchers involved in human subjects research, through reference to case law from North America. What unifies these cases described is that, first, a wide range of defendants were named, including principal investigators, university trustees, hospital administration, and medical school leadership. Second, these cases utilized higher standards for researchers than the medical malpractice standards commonly used in clinical settings. Finally, the authors note that these three cases are unusual in that they were argued in court; the majority of research-related cases are settled prior to trial. The article concludes that, although limited, this body of case law informs researchers on specific areas of vulnerability and precautions they must take to minimize legal liability.

Why is this important?

This resource is helpful for researchers interested in knowing their legal liability, the range of actors who may pursue legal action against them, and specific areas of practice where they may face lawsuits. It may also be helpful for researchers' legal representation as a way to begin familiarizing themselves with case law.

For whom is this important?

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