Literature DB >> 17874211

Emergency research without consent under Polish law.

Joanna Rózyńska1, Marek Czarkowski.   

Abstract

Although Directive 2001/20/EC of the European Parliament and of Council of 4 April 2001 on the approximation of the laws regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use does not contain an exception for emergency situations, and requires the informed consent of a legal representative in all cases where research is conducted on legally competent individuals who are unable to give informed consent, in Poland, emergency research can be conducted without consent. Polish regulations on emergency research can hardly be treated as a result of intentional legislative policy. Our provisions arise from multiple and sophisticated interpretations of different regulations that govern medical experiments on human subjects and clinical trials. These interpretations can be summarized as follows: (1) There are two categories of medical experiments: therapeutic and non-therapeutic experiments. Emergency research without consent may be conducted in the category of therapeutic experiment only (therapeutic experiment consists of the introduction by the physician of new or only partially proven diagnostic, therapeutic or preventive methods in order to achieve direct benefit to the health of the patients, and it can be carried out when hitherto applied methods were ineffective or their effectiveness was insufficient). (2). Emergency research may be conducted without consent if there is a situation of great urgency in which the research subject's life is in danger and there is no possibility of obtaining immediate consent from the research subject him or herself, or from his or her legal representative or guardianship court, and the research subject has not refused to give consent for the participation in an emergency therapeutic experiment. The legal representative or guardianship court shall be provided with all the relevant information concerning subject's participation in an experiment as soon as possible. All projects of emergency research with intent to be done without the research subject's consent must be approved by an independent bioethics committee. Because these five requirements seem to provide insufficient protection for a subject's autonomy and rights it is necessary to add to them two other conditions: (1) the emergency research could not be conducted using other research participants capable of giving informed consent; and (2) informed consent for continued participation in the emergency research shall be obtained from either the participant him or herself or the legally authorized representative as soon as possible (requirement of obtaining deferred consent). A consolidated single Act that will govern all aspects of medical experiments on human subjects, including emergency research, should be prepared and enacted as soon as possible.

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Year:  2007        PMID: 17874211     DOI: 10.1007/s11948-007-9023-8

Source DB:  PubMed          Journal:  Sci Eng Ethics        ISSN: 1353-3452            Impact factor:   3.525


  25 in total

1.  Waiver of consent in studies of acute brain injury.

Authors:  Guy L Clifton; Paula Knudson; Marilyn McDonald
Journal:  J Neurotrauma       Date:  2002-10       Impact factor: 5.269

2.  The European Union Directive and the protection of incapacitated subjects in research: an ethical analysis.

Authors:  Henry J Silverman; Christiane Druml; Francois Lemaire; Robert Nelson
Journal:  Intensive Care Med       Date:  2004-06-30       Impact factor: 17.440

Review 3.  Informed consent of incapable (ICU) patients in Europe: existing laws and the EU Directive.

Authors:  Christiane Druml
Journal:  Curr Opin Crit Care       Date:  2004-12       Impact factor: 3.687

4.  An ethical analysis of exception from informed consent regulations.

Authors:  Marilyn C Morris
Journal:  Acad Emerg Med       Date:  2005-11       Impact factor: 3.451

5.  Waiving consent for emergency research.

Authors:  F Lemaire
Journal:  Eur J Clin Invest       Date:  2005-05       Impact factor: 4.686

Review 6.  Waived consent for emergency research.

Authors:  N Fost
Journal:  Am J Law Med       Date:  1998

Review 7.  Ethical considerations on consent procedures for emergency research in severe and moderate traumatic brain injury.

Authors:  E J O Kompanje; A I R Maas; M T Hilhorst; F J A Slieker; G M Teasdale
Journal:  Acta Neurochir (Wien)       Date:  2005-04-07       Impact factor: 2.216

8.  Stroke patients' preferences and values about emergency research.

Authors:  C E Blixen; G J Agich
Journal:  J Med Ethics       Date:  2005-10       Impact factor: 2.903

9.  Do patients with acute medical conditions have the capacity to give informed consent for emergency medicine research?

Authors:  H A Smithline; T J Mader; B J Crenshaw
Journal:  Acad Emerg Med       Date:  1999-08       Impact factor: 3.451

10.  Impact of stroke syndrome and stroke severity on the process of consent in the Third International Stroke Trial.

Authors:  Ingrid Kane; Richard Lindley; Steff Lewis; Peter Sandercock
Journal:  Cerebrovasc Dis       Date:  2006-02-15       Impact factor: 2.762

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  1 in total

1.  Exception from informed consent for biomedical research in emergency settings: A study from Jordan.

Authors:  Samah F Al-Shatnawi; Karem H Alzoubi; Rawand A Khasawneh; Omar F Khabour; Basima A Almomani
Journal:  Heliyon       Date:  2021-11-27
  1 in total

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