A general requirement for informed consent is that no informed consent may include any exculpatory language. Exculpatory language is that which waives or appears to waive any of the subject’s legal rights or releases or appears to release those conducting the research from liability for negligence. Which of the following statements in a consent form is an example of exculpatory language?
Taking part in the research is voluntary, but if you choose to take part, you waive the right to legal redress for any research-related injuries.
A general requirement for informed consent is that no informed consent may include any exculpatory language. Exculpatory language is that which waives or appears to waive any of the subject’s legal rights or releases or appears to release those conducting the research from liability for negligence.
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The statement “Taking part in the research is voluntary, but if you choose to take part, you waive the right to legal redress for any research-related injuries” is an example of exculpatory language.
Explanation: This statement attempts to waive the subject’s legal rights by indicating that by participating in the research, the participant cannot seek legal remedy for any injuries that occur as a result of the research. Informed consent should not include language that removes or limits a participant’s ability to seek legal action for negligence or harm.