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Emergency research: only possible if consent is waived?
1Assistance Publique Hôp de Paris, Hôpital H. Mondor, Paris 12 University, Créteil, France. francois.lemaire@hmn.aphp.fr
Current Opinion in Critical Care
|March 1, 2007
Summary
Informed consent waiver for emergency research is complex. While US regulations exist, EU directives led to diverse national laws, though emergency research is gaining recognition.
Area of Science:
- Medical Ethics
- Clinical Trial Regulation
Background:
- Emergency research requires waiving informed consent.
- Recent legislative efforts in the US and Europe address this critical issue.
Purpose of the Study:
- To review the legislative landscape for emergency research informed consent waiver in the US and Europe.
- To analyze the impact of regulations on conducting clinical trials in emergency settings.
Main Methods:
- Comparative legal analysis of US and EU regulations concerning emergency research.
- Review of legislative implementation and national variations.
Main Results:
- The US enacted specific regulations in 1996, but complexity limits trial adoption.
- EU directive 2001/20/CE lacked specific emergency research rules, leading to diverse national implementations post-2004.
- Some EU countries permit consent waivers, while others prohibit them, creating regulatory heterogeneity.
Conclusions:
- Emergency and intensive care specialists' advocacy is improving the legal situation.
- National legislations increasingly recognize the unique challenges of emergency research.
- Progress is being made towards more standardized approaches to emergency research ethics and regulation.
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