For example, if the consent form says that the data collected from the study will benefit humanity because the investigator will analyze the data and publish it, must the investigator make an honest attempt to do that?
Whether the form says so or not, it is unethical to recruit participants – who work for you for free, under the impression that they are contributing to the common good – and then waste their data.
And publication is not enough. The ethical principle of distributive justice entails the benefits of the research being shared between researcher and participants. This means putting the knowledge to work to benefit the community you are studying.
You won't go to jail for doing research that does nothing for the participant, and you will probably get a PhD or tenure out of it. It's just not an honest living.
Hi Dr Conroy,
Your opinion mirrors mine exactly. I was also hoping for ammunition to show that in some cases there can be a legal breach of contract - for example, for failure to pay an honorarium to a patient which was promised in the consent form....
Vaughn
Since a clinical trial protocol is a legally binding contract between the sponsor and the investigator, and the consent form and other related documentation are integral parts of the protocol structure and content, any breach of the terms of either the protocol per se or the consent would constitute a legal breach, potentially a tort.
- Badges
- Science topic
- Similar topics
- Higher Education
- Universities