Medical experimentation as a distinct form of treatment? Cover Image

Eksperyment medyczny jako szczególna postać leczenia? Przyczynek do dyskusji
Medical experimentation as a distinct form of treatment?

Author(s): Adam Górski, Krzysztof Michalak
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Administrative Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: medical law; medical experimentation; consent; treatment;

Summary/Abstract: The significance of scientific research in medicine gained particular prominence in the late 1980s and early 1990s. Since this period, the concept known as evidence-based medicine has been effectively recognized. Medicine, for its development, requires new facts that come directly from the results of experimental activities by their nature and essence. It should be noted that at least some medical actions, especially in the area of rare diseases, can be both treatment and experimentation. Simultaneously, under the provisions of the Constitution of the Republic of Poland, it has not been and is not clear whether an experiment requiring consent also includes therapeutic trials. This situation has sparked discussions and necessitated changes in the law, particularly in the medical law. Rational law, especially in ethically complex matters, is indispensable, and the issue of medical experiments as a legal matter is a particular subject of regulation. Regardless of the current characterization of the subject’s consent to participate in an experiment, uncertainty about the course and results is inherent. The regulatory environment of medical experiments will require further analysis.

  • Issue Year: 36/2025
  • Issue No: 1
  • Page Range: 9-33
  • Page Count: 25
  • Language: Polish
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