November 4, 2015
Clinical trials are used by researchers to investigate new treatments and have led to finding cures for many diseases. Pharmaceutical companies, the federal government, universities or other organizations working to cure conditions and diseases often run medical studies. In some cases, participants in the trials are paid by the organization that is conducting the research. The state of Florida has several laws that provide participants in paid medical studies certain rights while participating in any research that uses human subjects.
Legal Age of Consent
In Florida, anyone who enters into an agreement to be a human subject for medical testing, paid or unpaid, must be of the legal age of consent, which is 18 in the state, or must have parental permission to participate. However, children who have been determined emancipated may participate in a paid medical study. A minor must fit one of the following criteria in order to be considered emancipated:
– The removal of “disability of nonage” by the circuit court. This means the courts have determined the individual is no longer considered a child in the eyes of the court.
– Currently or previously married
– Unwed pregnant child but this is only for studies related to her pregnancy in a hospital or clinical setting.
Informed Consent
One of the primary ethical requirements in human subject medical studies is the need for informed consent. Informed consent ensures that the person who will be participating in the study understands the nature of the research and voluntarily choose to participate.
The researcher should provide all the information necessary to the subject so that they can make a knowledgeable decision whether or not they want to join the study. The patient must be informed of the purposes of the research and the expected time they will be required to participate. They must be provided all possible risks or discomforts that may occur during the study and the benefits the trial hopes to provide to others. Informed consent must also include a statement that participation is voluntary and that refusal to participate will not incur any penalties.
Contact the Khonsari Law Group for Paid Medical Studies Info
If you or a loved one has participated in a paid medical study and suffered injury as a result of that study, you may be entitled to compensation. Contact the Khonsari Law Group today to learn more about your rights.