Tuskegee Ethical and Legal Issues (Medical Law), Research Paper Example

The Tuskegee research involved African Americans who were infected with syphilis and were used as human subjects in a nontherapeutic experiment undertaken by the Public Health services of the United States, USPHS, that begun in 1932 in the Macon County of Alabama. The objective of the study was identification of the natural course that the disease could take when left untreated. The participants were misled with promises of special treatment at no cost and enrollment in the study disregarded the informed consent to participants.

Issue

Can a person be subjected to a research study without an informed consent?

Rule

Under 45 CFR 46.116 any participation in research requires provision of informed consent that complies with 45 CFR 46.116 while the documentations are required to be in compliance with 45 CFR 46.117. Additionally, according to the law passed in Alabama in 1927, all venereal diseases noted must be reported and treated by qualified medical practitioners. This state law was disregarded by the USPHS and men passed on the syphilis disease to their wives.

Analysis

Human participants in research must be accorded sufficient information to facilitate making informed decisions concerning the willingness or lack of it in participation. Other important ethical issues also made the scenario even worse. Venereal diseases were supposed to be reported and treated based on the state laws but this was ignored and men and their women were made to suffer from a disease that could be treated.

Conclusion

USPHS violated law because under the state laws that were passed in Alabama in 1927, venereal disease must be reported and treated. Additionally, under the 45 CFR 46.116, participation of human subjects in research must be accompanied with informed consent.