Justice and Beneficence in Military Medicine and Research
71 Pages Posted: 18 Nov 2012
Date Written: November 16, 2012
This Article examines the extent to which U.S. law promotes justice and beneficence in military medicine and research. I begin by reviewing the historical development of experimental studies in the military and the egregious research methods employed by the U.S. government under the guise of national security. I then analyze socio-medical implications of contemporary military medicine by evaluating investigational use of medical products and biomedical enhancements. I conclude by proposing reforms that aim to harmonize national security interests with fundamental principles of patient autonomy and human dignity. The proposals include amendments to the legal and regulatory framework governing military medicine and research, enhanced medical monitoring and post-research care, and statutory limitations to sovereign immunity.
Keywords: human subjects research, national security, medical ethics, bioethics, military law, sovereign immunity
JEL Classification: H51, H56, I00, I10, I18, K13, K32, N40, P16
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