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  1. Reasonable Persons, Autonomous Persons, and Lady Hale: Determining a Standard for Risk Disclosure.John Banja - 2020 - Hastings Center Report 50 (2):25-34.
    Among various kinds of disclosures typically required in research as well as in clinical scenarios, risk information figures prominently. A key question is, what kinds of risk information would the reasonable person want to know? I will argue, however, that the reasonable person construct is and always has been incapable of settling this very question. After parsing the nebulous if not “contentless” character of the reasonable person, I will explain how Western courts have actually adjudicated cases of “negligent nondisclosure,” that (...)
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  • The Reasonable Person Standard for Research Disclosure: A Reasonable Addition to the Common Rule.Rebecca Dresser - 2019 - Journal of Law, Medicine and Ethics 47 (2):194-202.
    The revised Common Rule adopts the reasonable person standard to guide research disclosure. Some members of the research community contend that the standard is confusing and ill-suited to the research oversight system. Yet the revised rule is not as radical as it might seem. During the 1970s, judges started using the standard to evaluate negligence claims brought by injured patients who said doctors had failed to obtain informed consent to the harmful procedures. In its influential Belmont Report, the National Commission (...)
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