LawMedicinePhilosophy

T. Caulfield, J. Kaye

2009.9.1Medical Law International

DOI: 10.1177/096853320901000201

tlooto Summary

It is concluded that all of the justifications-such as concern for costs, the desire to do research in the public good and the concept of minimal risk—remain contentious and seem insufficient to stand as a rationale for a move away from traditional notions of consent.

Abstract

Biobanking has long generated a host of challenging ethical and legal issues, particularly in relation to consent. A topic at the heart of current debates is the acceptability of the use of ‘broad’ consent in place of more specific and conventional consent approaches. In this paper, the justifications for the move toward broad consent are analysed and critiqued. It is concluded that all of the justifications-such as concern for costs, the desire to do research in the public good and the concept of minimal risk—remain contentious and seem insufficient, at least on their own, to stand as a rationale for a move away from traditional notions of consent.

Citation format

CAULFIELD, T.; KAYE, J. Broad consent in biobanking: Reflections on seemingly insurmountable dilemmas. Medical Law International, 2009, 10: 100–85.