ABA Family Legal Guide

Health-Care Law

Regulating Health-Care Professionals

Research on Humans

Why do we need medical research on humans?

The advances in medicine that we today take for granted—dialysis, organ transplantation, the artificial heart, and prescription drug therapies—are only available because someone was the first patient to use the experimental treatment. Without experimentation and research on humans, medical technology could not improve.

At the same time, it's essential that the rights of human subjects to confidentiality and privacy be observed, that their informed consent be obtained before experimentation begins, and that the research protocols are reviewed carefully for scientific merit. Unfortunately, in the past, some of that experimentation was forced on patients who were either unable to say no or did not know that they were being used as research subjects.

It is also very important that financial ar-rangements be fully disclosed. Most medical institutions and clinics fail to tell you that they are getting paid just for recruiting you into the study. This amount can be substantial—a clinic might receive over $1,000 for recruiting just one participant.