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Forensic Medicine · Medical law and ethics: compensation in clinical trials
Sample itemA participant in a registered clinical trial develops a serious adverse event that is judged to be related to the trial drug. What is his entitlement under the New Drugs and Clinical Trials Rules, 2019?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
B. Free medical care and financial compensation from the sponsor, whether or not there was negligence
Under the New Drugs and Clinical Trials Rules, 2019, a participant who suffers injury related to the trial is entitled to free medical management for as long as needed, and compensation is payable by the sponsor for trial-related injury or death, whatever the question of fault. A signed consent does not waive this right. The ethics committee reviews the cases.
Option by option
A. No compensation, since he signed an informed consent form
Informed consent does not remove the right to compensation.
B. Free medical care and financial compensation from the sponsor, whether or not there was negligence (correct)
Correct. Trial-related injury attracts care and compensation from the sponsor, irrespective of fault.
C. Compensation only if he proves that the investigator was negligent
Proof of negligence is not required for trial-related injury.
D. Compensation from the ethics committee's own funds
The sponsor pays; the ethics committee does not fund compensation.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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