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Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher's disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal cuty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.

Incidental Findings: A Common Law Approach

Abstract

Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher's disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal cuty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.

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Incidental Findings: A Common Law Approach

Accountability in Research , Volume 15 (4): 242-261
Taylor & FrancisOct 1, 2008

More Info

  • Publisher Taylor & Francis
  • Copyright © 2008 Informa plc
  • Subject bailment
  • ISSN 0898-9621
  • D.O.I. 10.1080/08989620802388705
  • Publisher site Get PDF  

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