Incidental Findings: A Common Law Approach

Abstract:     
Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher’s disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal duty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.

Number of Pages in PDF File: 21

Keywords: bailment, contract law, fiduciary duty, neuroethics, neurolaw, tort law

Accepted Paper Series