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PHIL 3576 Reading Notes Week Two

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York University
PHIL 3576
Duff Waring

Scandals and Tragedies of Research with Human Participants- page 1-23 The Nuremberg Code  Physicians that worked for the Nazis in the concentration camps to test the efficacy of certain punishments, drugs, etc (book to reference: The Nazi Doctors) o How long people could last in a zircon gassed room o Mutilate prisoners to test the efficacy of healing drugs  How can the rights of individual persons be reconciled with the demands of the scientific enterprise?  Nuremberg Code: code of ethics for research, specifically dealing with human subjects o First seen as a document for 'barbarians', assuming it was not applicable to the researchers working in democratic countries ["they would never do such things as the Nazis did"]  During the war: Manhattan Project- hospitalized patients were secretly injected with plutonium without their knowledge (reason: improve the safety of radiation workers and evaluate the potential for the use of plutonium in the treatment of bone cancer)  First use of "informed consent" in December 1946 when the Atomic Energy Commission (AEC) banned the use of radioisotopes in treatment until they approved the standards. Popular introduction was in 1957 in a malpractice case  Nuremberg Code came to be known as the rules for human experimentation  Those who disagreed with the Nuremberg Code: i. Those who found differences in how they used to perform human experimentation and what was written in the idealized Nuremberg Code ii. Those who disagreed with some elements of the code iii. Those who did not agree that there should be one concrete code for such a complex matter  Henry K. Beecher disagreed with some sections of the Nuremberg Code o Not entirely satisfied with the consent rules as it is unrealistic to always retain consent o Disagreed with the law against "random" experimentation as many cures have come from "random" research studies (penicillin, anesthesia, etc) o Thought not rigid code could keep researchers morally correct but rather would cause more harm  After many oppositions to the Nuremberg Code, the 1964 World Medical Association statement (aka the Declaration of Helsinki) relayed two new rules for human experimentation: i. Clinical research combined with professional care required patient consent only when consistent with patient psychology ii. Non- therapeutic clinical research cannot be undertaken without consent after being fully informed  Another rule was later added for third party permission from a legal guardian (in cases with children, mental disorders, etc)  Neither of these codes provided sufficient protection of patients against exploitation and abuse for research The Jewish Chronic Disease Hospital Case  1963 three doctors (with approval) injected live cancer cells into 22 chronically ill patients
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