Rights statement: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in the Medical Law Review following peer review. The definitive publisher-authenticated version Fovargue, S. & Ost, S. When should precaution prevail? : interests in (public) health, the risk of harm and xenotransplantation. Medical Law Review. 2010 18 : 3 302-329. is available online at: http://medlaw.oxfordjournals.org/cgi/content/full/18/3/302
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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - When should precaution prevail? : interests in (public) health, the risk of harm and xenotransplantation.
AU - Fovargue, Sara
AU - Ost, Suzanne
N1 - This is a pre-copy-editing, author-produced PDF of an article accepted for publication in the Medical Law Review following peer review. The definitive publisher-authenticated version Fovargue, S. & Ost, S. When should precaution prevail? : interests in (public) health, the risk of harm and xenotransplantation. Medical Law Review. 2010 18 : 3 302-329. is available online at: http://medlaw.oxfordjournals.org/cgi/content/full/18/3/302
PY - 2010
Y1 - 2010
N2 - Xenotransplantation is an example of a developing biotechnology which highlights three differing interests in the health of the public; a specific interest in enhancing the health of individuals who require a particular procedure or treatment, a wider interest in protecting the health of us all by avoiding introducing biotechnologies which risk the health of the public, and a public interest in advancing medical knowledge and treatment. Here we explore how matters of private benefit and public risk can be appropriately reconciled and consider whether ideas of public health should take a more central role when deciding whether clinical xenotransplantation should proceed. The risks of xenotransplantation are not certain but the nature of the harm to individual and public health could be severe. The concept of risk is central to our analysis as xenotransplantation threatens potential future harm as well as possible benefit. We argue that it is sometimes legally and ethically necessary for the state to act in advance to protect the health of the public, and that xenotransplantation is such a case. In reaching this conclusion we adopt a precautionary approach; an approach which we modify by Mill’s harm principle.
AB - Xenotransplantation is an example of a developing biotechnology which highlights three differing interests in the health of the public; a specific interest in enhancing the health of individuals who require a particular procedure or treatment, a wider interest in protecting the health of us all by avoiding introducing biotechnologies which risk the health of the public, and a public interest in advancing medical knowledge and treatment. Here we explore how matters of private benefit and public risk can be appropriately reconciled and consider whether ideas of public health should take a more central role when deciding whether clinical xenotransplantation should proceed. The risks of xenotransplantation are not certain but the nature of the harm to individual and public health could be severe. The concept of risk is central to our analysis as xenotransplantation threatens potential future harm as well as possible benefit. We argue that it is sometimes legally and ethically necessary for the state to act in advance to protect the health of the public, and that xenotransplantation is such a case. In reaching this conclusion we adopt a precautionary approach; an approach which we modify by Mill’s harm principle.
KW - xenotransplantation
KW - harm
KW - risk
KW - precautionary principle
KW - public health
U2 - 10.1093/medlaw/fwq017
DO - 10.1093/medlaw/fwq017
M3 - Journal article
VL - 18
SP - 302
EP - 329
JO - Medical Law Review
JF - Medical Law Review
SN - 0967-0742
IS - 3
ER -