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  1. The Fiduciary Obligation of the Physician-Researcher in Phase IV Trials.Rosemarie Dlc Bernabe, Ghislaine Jmw van Thiel, Jan Am Raaijmakers & Johannes Jm van Delden - 2014 - BMC Medical Ethics 15 (1):11.
    BackgroundIn this manuscript, we argue that within the context of phase IV, physician-researchers retain their fiduciary obligation to treat the patient-participants.DiscussionWe first clarify why the perspective that research ethics ought to be differentiated from clinical ethics is not applicable in phase IV, and therefore, why therapeutic orientation is most convivial in this phase. Next, assuming that ethics guidelines may be representative of common morality, we show that ethics guidelines see physician-researchers primarily as physicians and only secondarily as researchers. We then (...)
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  • Environmental Health Research on Hazards in the Home and the Duty to Warn.David B. Resnik & Darryl C. Zeldin - 2008 - Bioethics 22 (4):209–217.
    When environmental health researchers study hazards in the home, they often discover information that may be relevant to protecting the health and safety of the research subjects and occupants. This article describes the ethical and legal basis for a duty to warn research subjects and occupants about hazards in the home and explores the extent of this duty. Investigators should inform research subjects and occupants about the results of tests conducted as part of the research protocol only if the information (...)
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  • Eschewing Definitions of the Therapeutic Misconception: A Family Resemblance Analysis.D. S. Goldberg - 2011 - Journal of Medicine and Philosophy 36 (3):296-320.
    Twenty-five years after the term "therapeutic misconception’ (TM) first entered the literature, most commentators agree that it remains widespread. However, the majority of scholarly attention has focused on the reasons why a patient cum human subject might confuse the goals of research with the goals of therapy. Although this paper addresses the social and cultural factors that seem to animate the TM among subjects, it also fills a niche in the literature by examining why investigators too might operate under a (...)
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  • Who Do You Trust?Maxwell J. Mehlman - 2016 - Journal of Law, Medicine and Ethics 44 (4):589-591.
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  • Beyond the Immediate Players: Do Researchers Have Moral Obligations to Others?J. Tamin - 2010 - Research Ethics 6 (3):76-80.
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  • In Plain Sight: A Solution to a Fundamental Challenge in Human Research.Lois Shepherd & Margaret Foster Riley - 2012 - Journal of Law, Medicine and Ethics 40 (4):970-989.
    The physician-researcher conflict of interest has thus far eluded satisfactory solution. Most attempts to deal with it focus on improving informed consent. But those attempts are not successful and may even make things worse. Research subjects are already voluntarily undertaking the risks of research — we should not ask them to go it alone — to undergo medical “treatment” without medical “care.” The only effective solution is that in much clinical research, each research subject should have a doctor independent from (...)
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  • The Management of Incidental Findings in Neuro-Imaging Research: Framework and Recommendations.Erica K. Rangel - 2010 - Journal of Law, Medicine and Ethics 38 (1):117-126.
    This paper addresses the question of how incidental findings in clinical research should be managed by researchers, focusing in detail on IFs discovered in neuroimaging research. It begins by engaging the larger research ethics issue of whether researchers have any obligations of clinical care to participants, and assesses the content and merits of one particular framework for answering this question, Richardson and Belsky's ancillary care model. From here the paper develops an organizational structure for integrating the ancillary care model with (...)
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  • Human Subjects Protections in Biomedical Enhancement Research: Assessing Risk and Benefit and Obtaining Informed Consent.Maxwell J. Mehlman & Jessica W. Berg - 2008 - Journal of Law, Medicine and Ethics 36 (3):546-549.
    The protection of human subjects in biomedical research relies on two principal mechanisms: assessing and comparing the risks and potential benefits of proposed research, and obtaining potential subjects' informed consent. While these have been discussed extensively in the literature, no attention has been paid to whether the processes should be different when the objective of an experimental biomedical intervention is to improve individual appearance, performance, or capability rather than to prevent, cure, or mitigate disease . This essay examines this question (...)
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  • To The Editor.Madeline M. Motta - 2005 - Journal of Law, Medicine and Ethics 33 (4):634-634.
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  • Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
    Heated debate surrounds the question whether the relationship between physician-researcher and patient-subject is governed by a duty of care. Miller and Weijer argue that fiduciary law provides a strong legal foundation for this duty, and for articulating the terms of the relationship between physician-researcher and patient-subject.
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  • Incidental Findings in Human Subjects Research: What Do Investigators Owe Research Participants?Franklin G. Miller, Michelle M. Mello & Steven Joffe - 2008 - Journal of Law, Medicine and Ethics 36 (2):271-279.
    The use of brain imaging technology as a common tool of research has spawned concern and debate over how investigators should respond to incidental fndings discovered in the course of research. In this article, we argue that investigators have an obligation to respond to incidental fndings in view of their entering into a professional relationship with research participants in which they are granted privileged access to private information with potential relevance to participants' health. We discuss the scope and limits of (...)
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  • To the Editor.Madeline M. Motta - 2005 - Journal of Law, Medicine and Ethics 33 (4):634-635.
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  • Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
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  • Human Subjects Protections in Biomedical Enhancement Research: Assessing Risk and Benefit and Obtaining Informed Consent.Maxwell J. Mehlman & Jessica W. Berg - 2008 - Journal of Law, Medicine and Ethics 36 (3):546-559.
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  • In Plain Sight: A Solution to a Fundamental Challenge in Human Research.Lois Shepherd & Margaret Foster Riley - 2012 - Journal of Law, Medicine and Ethics 40 (4):970-989.
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  • The Management of Incidental Findings in Neuro-Imaging Research: Framework and Recommendations.Erica K. Rangel - 2010 - Journal of Law, Medicine and Ethics 38 (1):117-126.
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  • The Devil in the Detail(Ing).Haavi Morreim - 2010 - American Journal of Bioethics 10 (1):15-17.
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  • Legal Implications of an Ethical Duty to Search for Genetic Incidental Findings.W. Nicholson Price - 2013 - American Journal of Bioethics 13 (2):48-49.