Legal Liabilities in Research: Early lessons From North America
ResourcesLegal 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. They discuss the cases 1) Gelsinger v. Trustees of the University of Pennsylvania, 2) Robertson v. McGee, and 3) Weiss v. Solomon. What unifies these cases 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.
