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Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

Published: 2025-06-26

Medical experimentation as a distinct form of treatment? A debate contribution

Adam Górski Logo ORCID , Krzysztof Michalak Logo ORCID

Abstract

The significance of scientific research in medicine gained particular prominence in the late 1980s and early 1990s. Since this period, the concept known as evidence-based medicine has been effectively recognized. Medicine, for its development, requires new facts that come directly from the results of experimental activities by their nature and essence. It should be noted that at least some medical actions, especially in the area of rare diseases, can be both treatment and experimentation. Simultaneously, under the provisions of the Constitution of the Republic of Poland, it has not been and is not clear whether an experiment requiring consent also includes therapeutic trials. This situation has sparked discussions and necessitated changes in the law, particularly in the medical law. Rational law, especially in ethically complex matters, is indispensable, and the issue of medical experiments as a legal matter is a particular subject of regulation. Regardless of the current characterization of the subject's consent to participate in an experiment, uncertainty about the course and results is inherent. The regulatory environment of medical experiments will require further analysis.

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Citation rules

Górski, Adam, and Krzysztof Michalak. “Medical Experimentation As a Distinct Form of Treatment? A Debate Contribution”. Studia Prawnicze. Rozprawy I Materiały Studies in Law: Research Papers, vol. 36, no. 1, June 2025, pp. 9–34, doi:10.48269/2451-0807-sp-2025-1-01.

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Vol. 36 No. 1 (2025)
Published: 2025-06-26


ISSN: 1689-8052
eISSN: 2451-0807

Publisher
Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie

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