Misusing informed consent: a critique of limitations on research subjects' access to genetic research results. Export

@article{citeulike:3688, abstract = {Express denials of access to genetic research results are being drafted into consent instruments. Some commentators suggest that the principle of beneficence can justify such a denial of access. This paper provides an ethical and legal critique of the use of consent instruments to disclaim responsibility for on-going disclosure by genetic researchers. Currently, the law of torts provides only weak protection for on-going disclosure for research subjects. The most substantive rights are to be found in the law of fiduciary obligations. The author concludes that, notwithstanding arguments to the contrary, there should be a presumption of disclosure in genetic research, unless the research subject elects otherwise. The author outlines one possible exception to this general presumption.}, address = {Eberts Symes Street \& Corbett.}, author = {Banks, T. M.}, citeulike-article-id = {3688}, citeulike-linkout-0 = {http://view.ncbi.nlm.nih.gov/pubmed/12666671}, citeulike-linkout-1 = {http://www.hubmed.org/display.cgi?uids=12666671}, issn = {0036-4916}, journal = {Sask Law Rev}, keywords = {access, consent, misuse, research, results}, number = {2}, pages = {539--580}, posted-at = {2008-01-08 10:29:43}, priority = {3}, title = {Misusing informed consent: a critique of limitations on research subjects' access to genetic research results.}, url = {http://view.ncbi.nlm.nih.gov/pubmed/12666671}, volume = {63}, year = {2000} }

TY - JOUR ID - citeulike:3688 L3 - citeulike-article-id:3688 N2 - Express denials of access to genetic research results are being drafted into consent instruments. Some commentators suggest that the principle of beneficence can justify such a denial of access. This paper provides an ethical and legal critique of the use of consent instruments to disclaim responsibility for on-going disclosure by genetic researchers. Currently, the law of torts provides only weak protection for on-going disclosure for research subjects. The most substantive rights are to be found in the law of fiduciary obligations. The author concludes that, notwithstanding arguments to the contrary, there should be a presumption of disclosure in genetic research, unless the research subject elects otherwise. The author outlines one possible exception to this general presumption. IS - 2 JF - Sask Law Rev SN - 0036-4916 AD - Eberts Symes Street & Corbett. EP - 580 TI - Misusing informed consent: a critique of limitations on research subjects' access to genetic research results. VL - 63 SP - 539 KW - access KW - consent KW - misuse KW - research KW - results AU - Banks, TM PY - 2000/// UR - http://view.ncbi.nlm.nih.gov/pubmed/12666671 ER -