Surrounding informed consent and tissue ownership

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The HeLa cell controversy primarily raises questions surrounding informed consent and tissue ownership. Legally, at the time of Henrietta Lacks' treatment and subsequent harvesting of her cells, there were no established laws requiring doctors to obtain informed consent for the use of biological materials in research. In 1990, Moore v. Regents of the University of California set a precedent for the issue of property rights over biological materials, where the court ruled that individuals do not retain property rights to their tissues once removed from their body, as long as informed consent is given. However, in Lacks' case, no consent was ever sought. The absence of legal frameworks to protect individuals in such scenarios has led to reforms such as the Common Rule, which now mandates informed consent for research involving human subjects. Henrietta Lacks' case has been central to ongoing legal debates about patients' rights to their biological materials and the extent of compensation for their use.

Reference no: EM133800447

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