Medical Experimentation

Charles Fried is a full time member of the faculty and Beneficial Professor of Law at Harvard Law School. A former Associate Justice of the Supreme Judicial Court of Massachusetts, he has served on the Harvard Law School faculty since 1961. From 1985-1989 he was Solicitor General of the United States.

• Introduction to the Second Edition-Franklin G. Miller and Alan WertheimerChapter 1: IntroductionChapter 2: The Legal Context of Medical Experimentation2.1. General principles2.2. Consent2.2.1. The meaning of consent2.2.2. Qualifications of the requirement of informed consent2.2.3. Overriding the patient's failure to consent2.2.4. Withdrawal of consent and the continuing duty to disclose2.3. General legal principles applied to medical experimentation2.3.1. Non-therapeutic experimentation2.3.2. Therapeutic experimentation2.3.3. Mixed therapeutic and non-therapeutic research: The problem of the RCT2.4. Participation in experimentation as a condition of medical treatment2.5. Statutes and regulationsChapter 3: The Concept of Personal Care3.1. Do randomized clinical trials really pose a dilemma?3.1.1. The burdens on the experimental subject3.1.2. Is personal care a coherent concept?3.1.3. The terms of the conflict: Distributive justice and rights3.2. Distributive justice3.3. The good of personal careChapter 4: Personal Care: Interests or Rights4.1. Economic theory and medical care4.1.1. Efficiency4.1.2. Distribution4.2. The concept of rights4.2.1. Rights and efficiency4.2.2. Negative and positive rights4.3. Personal integrity, the goals of medicine, and rights in personal care4.3.1. Personal integrity4.3.2. Sickness and death4.3.3. The function of medical care4.3.4. Rights in medical care: lucidity, autonomy, fidelity, humanityChapter 5: Realizing Rights-Medical Care in General5.1. Preliminary speculation: the antinomy of the personal and the social5.1.1. Political versus ethical theory5.1.2. The theory of democracy5.1.3. What are we entitled to ask of theory?5.2. Two models of the health care system5.2.1. Primary care5.2.2. The hospital5.2.3. The department of health5.3. The antinomy confronted: putting the two models together5.3.1. The rightness of queuing5.3.2. The obligations of bureaucratsChapter 6: The Practice of Experimentation 6.1. Some recent RCT's6.1.1. The Veterans' Administration cooperative study group: clinical trial of anti-hypertensive therapy6.1.2. The university group collaborative oral anti-diabetic agent randomized clinical trial6.1.3. Coronary by-pass surgery6.1.4. The Salk polio vaccine trial6.2. The concept of professional knowledge6.3. Rights in experimentation6.3.1. Lucidity and the duty of candor6.3.2. Autonomy and the concept of professional accountability6.3.3. Fidelity and humanity6.4. Rights in experimentation implementation and accommodations6.4.1. Alternatives to randomized controlled trials6.4.2. Accommodation by differentiation of role6.4.3. Compensation and participation From Medical Experimentation to Non-Medical Experimentation: What Can and Cannot be Learned from Medicine as to the Ethics of Legal and Other Non-Medical Experiments?-I. Glenn Cohen and D. James GreinerConcluding Reflections-Charles FriedIndex