92 Pages Posted: 20 Feb 2009
Date Written: February 10, 2009
Serious patient safety concerns are raised by limited oversight and the risks borne by patients as surgeons develop and refine novel procedures. These concerns must be balanced with the encouragement of medical progress. Surgical innovation can currently follow alternate legal pathways: (1) medical practice, involving tort liability and retrospective judgment of alleged medical malpractice, and (2) human subjects research, allowing prospective review and retrospective imposition of liability. Analysis of these pathways and a case study of surgical innovation leads to a recommendation for a tailored policy approach, including monitoring, local institutional oversight, and educational initiatives.
Keywords: surgery, patient safety, health law, medical malpractice, human subjects research, innovation
Suggested Citation: Suggested Citation
Mastroianni, Anna C., Liability, Regulation and Policy in Surgical Innovation: The Cutting Edge of Research and Therapy (February 10, 2009). Journal of Law-Medicine, Vol. 16, No. 2, 2006. Available at SSRN: https://ssrn.com/abstract=1340719