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 -