Consent and private liability in clinical research
This chapter explores general theoretical questions relating to consent and private liability in clinical research, focusing on the implications of consent for private law duties of care governing the relationship between physicians and patients in clinical research. It discusses the significance of consent in the foundation, content, and application of duties of care in tort, contract, and fiduciary law. It identifies points of variation in the significance of consent across these categories of private liability. It also traces the implications of each category of liability and the points of difference between them for the relationship between physicians and patients in clinical research. The chapter concludes with some brief remarks on potential problems reconciling these differences in the event of concurrent liability.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.