Incidental Findings: A Common Law Approach

Author: Tovino, Stacey¹

Source: Accountability in Research: Policies and Quality Assurance, Volume 15, Number 4, October 2008 , pp. 242-261(20)

Publisher: Taylor and Francis Ltd

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Abstract:

Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher's disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal cuty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.

Keywords: bailment; contract law; fiduciary duty; incidental findings; neuroethics; neurolaw; tort law

Document Type: Research article

DOI: 10.1080/08989620802388705

Affiliations: 1: Drake University Law School, Des Moines, Iowa, USA

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