Are there any special considerations regarding civil liability in biomedical research?

Yes, there are special considerations regarding civil liability in biomedical research in Alaska. Generally, a researcher will be liable in a civil suit—a lawsuit filed by someone who has been injured by a research study—if it is determined the study was conducted negligently. Negligence is defined as not taking reasonable care under the circumstances. The researcher must be proven to have done something that an ordinary prudent person would not have done or to have failed to do something that an ordinary prudent person would have done. In Alaska, biomedical research professionals are subject to additional standards when conducting studies on humans, such as obtaining informed consent for the study and adhering to institutional review boards. Negligence or failure to comply with these standards could be grounds for civil liability. The researcher may also be liable for failing to properly disclose information or risks associated with the research. For example, a researcher must disclose any potential risks of the research to participants. If a participant was injured by a known risk that was not adequately disclosed, the researcher could be held liable in a civil suit. In addition, researchers are subject to the same civil liability as any other person for harm caused by their actions, even if the harm is caused as a result of their research. For example, if a researcher created a defective product during a research study and someone was injured by it, the researcher could be held liable in a civil suit. For these reasons, researchers in Alaska should be aware of the special considerations regarding civil liability in biomedical research and take appropriate steps to protect themselves, their participants, and their research studies.

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