The Role of Law in the Debate Over Return of Research Results and Incidental Findings: The Challenge of Developing Law for Translational Science

14 Pages Posted: 26 Jul 2012 Last revised: 24 Aug 2012

See all articles by Susan M. Wolf

Susan M. Wolf

University of Minnesota Law School

Date Written: 2012

Abstract

The vigorous debate over return of individual results and incidental findings to participants in human subjects research is increasingly vexed by anxiety over law. This article addresses emerging legal concerns, including that return of these findings mistakes research for clinical care. The article argues that many of the legal concerns expressed to date are misplaced and threaten to derail development of sound policy and ultimately sound law. The core challenge posed by the debate over return of results is to develop an appropriate and workable approach that recognizes return of results and incidental findings as a problem in the zone between research and clinical care — a problem of translational science.

Keywords: Return of Results, Incidental Findings, Research Ethics, Human Subjects Research, Bioethics, Genetics, Genomics

Suggested Citation

Wolf, Susan M., The Role of Law in the Debate Over Return of Research Results and Incidental Findings: The Challenge of Developing Law for Translational Science (2012). Minnesota Journal of Law, Science & Technology, Vol. 13, No. 2, pp. 435-448, 2012. Available at SSRN: https://ssrn.com/abstract=2117289 or http://dx.doi.org/10.2139/ssrn.2117289

Susan M. Wolf (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-625-3406 (Phone)
612-624-9143 (Fax)

HOME PAGE: http://www.law.umn.edu/facultyprofiles/wolfs.html

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